Death Of Counsel Stalls AAU Former Vice-Chancellor’s N500M Defamation Case Against Ex-Pro-Chancellor

Lucky Obukohwo, Reporting

The hearing of the N500 million defamation suit filed by the former Vice-Chancellor of Ambrose Alli University (AAU), Ekpoma, Prof. Onimawo Akhakhia, against the institution’s former Pro-Chancellor and Chairman of the Governing Council, Chief Lawson Omokhodion, has been adjourned following the death of the claimant’s lead counsel, Chief Henry Ogbodu (SAN).

Prof. Akhakhia, in Suit No. B/1103/2023, is seeking N500 million in damages for alleged libel over statements contained in Chief Omokhodion’s book, Lawson A. Omokhodion: Powered by Poverty- A Story of Adversity, Ambition, Diligence and Triumph, particularly the chapter titled Brazen Corruption in the Ivory Tower.

The former Vice-Chancellor alleges that the publication portrayed him as “a thief, corrupt and dishonest,” and further depicted him as a fraudster, thereby damaging his reputation and exposing him to public ridicule, embarrassment and emotional distress.

He is also asking the court to restrain Omokhodion from making any further defamatory publications against him.

In response, Chief Omokhodion filed a N1 billion counterclaim on April 12, 2024, alleging that Prof. Akhakhia defamed him during a newspaper interview published on September 16, 2020.

According to the former Pro-Chancellor, the interview contained false and malicious allegations that tarnished his reputation.

He maintains that the contents of his book are accurate and “empirically verifiable.”

Omokhodion also denied allegations that he purchased an official vehicle for N57 million while serving as Chairman of AAU’s Governing Council.

In his counterclaim, he is seeking N1 billion in general damages over the publication titled Corruption: AAU VC, Council Chairman Trade Accusations, published on September 16, 2020.

He further prayed the court to order Prof. Akhakhia and the ThisDay newspaper to publish an unreserved apology in a prominent position in the publication.

At the hearing of the matter, Justice Urho Erameh of the Edo State High Court, Benin City, postponed the case after counsel to the defendant, Henry Abuah, who represented Kingsley Obamogie (SAN), informed the court that his principal was attending a meeting in preparation for the burial of the late senior advocate.

Abuah urged the court to grant an adjournment as a mark of respect for the deceased legal practitioner.

However, a lawyer from Ogbodu’s chambers opposed the application, arguing that the defendant “cannot cry more than the bereaved.”

He contended that the death of the claimant’s counsel should not hinder the continuation of the proceedings, particularly as the defendant’s legal team was present in court.

The claimant’s counsel also urged the court to award N800,000 in costs against the defendant should the application for adjournment be granted.

In a brief ruling, Justice Erameh granted the request for adjournment, stating that “the cost shall be in the cause,” and fixed October 20, 2026, for the continuation of hearing.