By Frank Ulom
CALABAR (CONVERSEER) – A Cross River State High Court sitting in Calabar has dismissed a preliminary objection by the National Drug Law Enforcement Agency (NDLEA) seeking to strike out a N500 million defamation suit filed against it by a sales representative of Drugfield Pharmaceuticals, Prince Fajulugbe Adeshola Temitayo.
The ruling was delivered on Wednesday by Justice Bassey T. Ebuta, who held that the objection would be considered alongside the substantive matter during the hearing of the case.
“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,” the judge ruled.
Counsel to the NDLEA, C. F. Iyoyo, had filed a preliminary objection, arguing that the action was statute-barred because the publication in question was made on 1st October 2023 and the claimant filed the suit beyond the three months prescribed for initiating legal action against public officers.
Iyoyo contended that the agency acted within its statutory powers by publishing Fajulugbe’s photograph under the headline “Wanted Kingpin” to inform the public about an ongoing investigation. He insisted that the publication was made in good faith, not malicious or fraudulent, and therefore covered by the Public Officers Protection (POP) Act.
However, counsel to the claimant, E. E. Osim, opposed the objection, arguing that the POP Act does not protect public officers who act in violation of the 1999 Constitution or exceed their lawful authority. He urged the court to dismiss the objection, stressing that the NDLEA’s publication was defamatory and outside the scope of its legal duties.
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Justice Ebuta subsequently adjourned the case to 4th November 2025 for the commencement of the hearing.
Prince Fajulugbe, who holds three master’s degrees, is seeking N500 million in damages in suit number HC/305/2024. He claims that the NDLEA’s publication, which linked him to drug trafficking under the headline “Wanted Kingpin, Chadian, Grandpa Arrested Over London-Bound Shipment, 4 Tons of Drug,” defamed his character and inflicted severe damage on his reputation and career.
According to the claimant, the publication was widely circulated across media platforms, branding him a drug peddler despite his clearance by the agency, and causing irreparable harm to his personal and professional image.
