In a motion exparte filed before an Ikeja High Court in Lagos State on Friday, the court has granted a former Lagos State Governor and National Leader of the All Progressives Congress, Asiwaju Bola Ahmed Tinubu, accelerated hearing in the case of defamation and libel brought against African Independent Television.
Tinubu sued AIT, owned by DAAR Communications Plc, for airing a defamatory and libelous documentary.
The granted accelerated hearing comes up on March 16, 2015.
The exparte motion sought an order of interim injunction restraining the respondent, whether by itself, agents, privies and or other persons from producing or continuing to broadcast, air or continuing to reproduce any defamatory documentary against the applicant, which AIT started to broadcast on March 1, 2015 and has been repeating on a daily basis since then, pending the hearing and determination of the motion on notice for interlocutory injunction dated March 5, 2015 filed in the suit.
The motion further noted that damages would not adequately compensate applicant/claimant if this ex-parte order is not granted.
It prayed, among others, that the res of the suit may be extinguished if the ex-parte order is not granted;
that there is real, imminent and urgent threat and danger of continuing to decimate the person and integrity of the applicant by the respondent by continuing to air the offensive broadcast if the ex-parte motion is not granted;
and that unless this application is granted, the defendant will not relent or suspend the broadcast of the said libelous documentary and that it is in the interest of justice to grant this application.
The legal effect of the filing and notification of the pendency of a law suit under the legal doctrine of lis pendens is that all parties should exercise extreme caution, particularly restraint, in continuing with the act complained of.
This is the minimal requirement of any law abiding citizen, the statement filed with the court said.
It said the duty also extends to other members of the society who are expected to refrain from aggravating the damage complained of or in any way contributing to the quantum of damage.
It said it takes on a more compelling dimension in this instance where the claimant has applied for injunctive restraining orders against the material complained against.
The contrary can hardly be argued against the fact that affront to the judicial institution attracts criminal implications.
The Tinubu legal team is led by Chief Wole Olanipekun (SAN).
Dr. Tunji Abayomi is also part of the legal team.
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