A Cross River State High Court sitting in Calabar has declined a request by the National Drug Law Enforcement Agency (NDLEA) to strike out a N500 million defamation suit filed against it by a sales representative of Drugfield Pharmaceutical, Prince Fajulugbe Adeshola Temitayo.
In a ruling delivered yesterday, Justice Bassey Ebuta held that the preliminary objection raised by the NDLEA would be determined alongside the substantive case when the matter comes up for full hearing.
“The decision will be taken at the conclusion of the hearing of the case. If the objection succeeds, it will dispose of the matter. The case shall therefore proceed to hearing,” Justice Ebuta stated.
Counsel to the NDLEA, C. F. Iyoyo, had urged the court to dismiss the suit on the ground that it was statute-barred, arguing that the alleged defamatory act occurred on October 1, 2023, beyond the three-month limitation period prescribed under the Public Officers Protection (POP) Act for actions against public officers.
Iyoyo further contended that the agency acted within the scope of its statutory duties and that its publication could not be considered malicious, fraudulent, or beyond its powers.
In opposition, counsel to the claimant, E. E. Osim, maintained that the protection afforded by the POP Act does not extend to public officers who act in breach of the 1999 Constitution or beyond their lawful authority.
“The POP Act cannot shield public officers who abuse their powers or infringe upon the rights of citizens. Such actions fall outside the scope of official duties,” Osim argued, urging the court to dismiss the objection in its entirety.
Following the ruling, Justice Ebuta adjourned the matter to November 4, 2025, for the commencement of the hearing.
In the substantive suit, marked HC/305/2024, the claimant is seeking N500 million in general and exemplary damages against the NDLEA for allegedly defaming him through a publication that described him as a “drug peddler.”
Fajulugbe, who holds three master’s degrees, alleged that the NDLEA’s publication of October 1, 2023, falsely linked his name and photograph to illicit drug trafficking under the headline: “Wanted Kingpin, Chadian, Grandpa Arrested Over London-Bound Shipment, Four Tons of Drug.”
He maintained that the publication, widely circulated across multiple media platforms, caused severe damage to his reputation, professional standing, and personal dignity.
