Legal Action: Imposition of Substituted Service in Defamation Lawsuit Against Nwaebonyi by Court Decision
In a significant legal development, the Federal High Court in the Federal Capital Territory has granted an order for substituted service in a defamation lawsuit against Senator Onyekachi Nwaebonyi, representing Ebonyi North. The suit was initiated by Senator Natasha Akpoti-Uduaghan of Kogi Central.
According to our reporting, the order was issued by Justice Angela Otaluka on Wednesday following a motion ex parte filed by Akpoti-Uduaghan's counsel, Yahuza Zakari. The motion sought to serve court documents on Senator Nwaebonyi through alternative means due to the impracticality of serving him personally.
Zakari, while moving the motion, stated that the Kogi senator attempted to serve the Ebonyi senator via publication in a national newspaper or through the Clerk of the National Assembly or the Senate. He argued that serving Nwaebonyi personally was not feasible, and substituted service would ensure the case was brought to the defendant's attention.
The application stated that, "The service of the processes by publication in a widely circulated national daily newspaper in Nigeria, or through the clerk of the national assembly or the clerk of the senate, will bring the suit to the attention of the defendant." It was further argued that the court has the inherent jurisdiction to grant an order for substituted service under appropriate circumstances, and it would be in the interest of justice for service to be effected through substitute means.
In granting the order, Justice Otaluka ruled that Nwaebonyi should be served via newspaper publication. The lawsuit, marked CV/1359/2025, was filed by Akpoti-Uduaghan in April following remarks made by Senator Nwaebonyi during an interview on Channels Television on March 6, 2025. Akpoti-Uduaghan has accused Nwaebonyi of making defamatory and malicious statements about her during the interview.
The Kogi senator is seeking a court ruling to declare Nwaebonyi's statements as "false, malicious, and defamatory." She claimed that the statements have caused significant harm to her reputation and public embarrassment. Akpoti-Uduaghan is also asking the court to restrain Nwaebonyi from making further "malicious" comments about her. She has also demanded that Nwaebonyi pay a sum of ₦5 billion as "aggravated and exemplary damages" for the harm caused by the false and injurious statements.
The process for substituted service in defamation lawsuits in Nigeria typically involves several steps, including filing an ex parte motion, providing reasons for substituted service, obtaining a court order, executing the substituted service, and informing the defendant of the proceedings. These steps are common in such cases where the defendant proves difficult to reach for personal service.
- The general news in Nigeria is abuzz with the ongoing defamation lawsuit between Senators Natasha Akpoti-Uduaghan (Kogi Central) and Onyekachi Nwaebonyi (Ebonyi North), as the Federal High Court has granted an order for substituted service.
- The politics surrounding this legal development are significant, as the Senate of Nigeria, and possibly the Nigerian police, may be following the proceedings closely considering the nature of the allegations.
- The policy-and-legislation impact of this case could be far-reaching, as a court ruling in favor of Akpoti-Uduaghan may set a precedent for future defamation cases in the country, emphasizing the importance of responsible public discourse in media.
