CHIEF PETER FENTON APPIO PLAINTIFF
AND
CHIEF FEMI FANI-KAYODE DEFENDANT
TAKE NOTICE that the Defendant shall, at or before the hearing of this suit, move this Honourable Court by way of Preliminary Objection to dismiss or strike out the suit on the following grounds:
1. The Plaintiff lacks the requisite locus standi to initiate and press the reliefs sought in this suit against the Defendant.
2. The suit, as presently constituted, does not disclose any reasonable cause of action against the Defendant as the pleadings are merely scandalous, vague, nebulous, embarrassing, vexatious and totally at large.
3. The suit is an abuse of the process of the Honourable Court.
4. The Honourable Court lacks the jurisdiction to entertain the suit as presently constituted.
SAVE AND EXCEPT as hereinafter specifically admitted, the Defendant hereby denies each and every paragraph contained in the Statement of Claim (“the Claim”) as if each paragraph were set out and specifically traversed seriatim.
1. The Defendant admits Paragraph 1 of the Claim. In addition, the Defendant avers that the Plaintiff is also a British citizen and has been his friend since their period of study at the University of London sometime in 1982. The friendship was maintained till 1992 when they lost contact and it remained so for about 13 (thirteen) years. The friendship was revived sometime in 2005 when the Defendant met the Plaintiff in Nigeria.
2. Further to the preceding paragraph, the Defendant avers that, at all material times to this suit, the Plaintiff has exhibited diverse, highly indecent and abnormal behaviours evidencing serious mental illness. The Plaintiff has also been diagnosed with and received psychiatric treatment for a condition known as bipolar disorder and schizophrenia. The Defendant shall lead evidence of the Plaintiff’s disturbing behaviour and mental illness at the trial of this action. In addition, the Defendant shall contend at the trial that the substance of this Claim is wholly a figment of the Plaintiff’s imagination and should be disregarded by this Honourable Court in its entirety.
3. The Defendant admits Paragraph 2 of the Claim only to the extent that he served, at different times, as the Special Assistant to the President on Public Affairs, Minister of Culture and Tourism and later Minister of Aviation of the Federal Republic of Nigeria under the civilian administration of President Olusegun Obasanjo. The Defendant denies that he is a journalist ab initio much more “a political journalist” as alleged therein and puts the Plaintiff to the strictest proof of this averment. On the contrary, the Defendant avers that he holds a first degree in law from the University of London, was called to the Nigerian Bar in 1985, a Masters degree in law from the University of Cambridge and a Diploma in Theology from the Christian Action Faith Ministries Bible College, Accra, Ghana.
4. The Defendant admits Paragraph 3 of the Claim only to the extent that the Defendant was responsible for and defrayed the expenses of the Plaintiff’s accommodation at the Command Guest House in Abuja (hereinafter referred to as the “CGH”) at all material times to this suit. The Defendant emphatically denies the Plaintiff’s averment therein that, during his tenure as Minister of Culture and Tourism, he requested the Plaintiff “to assist him by organizing meetings with influential persons and institutions in London…as part of an effort to raise Nigeria’s tourism profile.” and puts the Plaintiff to the strictest proof thereof. In addition, the Defendant shall contend at the trial of this action that this averment is factually non-existent and only exists in the Plaintiff’s imagination.
5. Further to Paragraph 1 above and the preceding paragraph, the Defendant avers that when he met the Plaintiff in Nigeria in 2005, he was saddened to observe that the Plaintiff neither had any accommodation of his own nor any means of livelihood and was incapable of maintaining himself. The Plaintiff’s law firm and businesses had collapsed in England and in Nigeria and he needed help badly. Consequently, the Plaintiff regularly hung around the Defendant and received handouts from him for his feeding and maintenance from the Defendant’s personal resources.
6. Further to the preceding paragraph, the Defendant avers that when he was appointed as the Minister of Culture and Tourism in 2006, the Plaintiff made very concerted, but unsuccessful, appeals to the Defendant to be appointed as his Special Adviser. Subsequently, the Plaintiff continued to hang around the Defendant and received handouts from him for his feeding and maintenance from the Defendant’s personal resources.
7. Further to paragraphs 4, 5 and 6 above, the Defendant avers that in view of the Plaintiff’s pitiable condition and out of the Defendant’s generosity, good nature and charity, he made arrangements for the Plaintiff to be accommodated at the CGH at several times in 2005 and 2006 (as mentioned in Paragraph 3 of the Claim) and defrayed the Plaintiff’s expenses thereat throughout these periods. The Defendant shall rely on bills and receipts from the CGH at the trial of this action.
8. The Defendant admits Paragraph 4 of the Claim only to the extent that the Plaintiff, in his usual manner of hanging around the Defendant at the time, accompanied the Defendant and his three daughters to the Nnamdi Azikiwe Airport, Abuja where the Defendant’s children were scheduled to board a plane to Lagos. The Defendant emphatically denies any knowledge that the Plaintiff ever advanced the sum of £23,550 to his ex-wife, Mrs. Yemisi Wada, as averred in Paragraph 4 of the Claim and puts the Plaintiff to the strictest proof of these averments. The Defendant also avers that the upkeep of his children and their school fees in the United Kingdom has been solely borne by himself and the mother of his children at all material times to this suit.
9. The Defendant admits Paragraphs 5, 6 and 7 of the Claim only to the extent that, when he became aware of the unfortunate crash of the aircraft, he went to the crash site to confirm the unfortunate incident and co-ordinate the rescue efforts. The Defendant emphatically denies that the Plaintiff either prevailed on or adviced him to go to the crash scene as averred therein and puts the Plaintiff to the strictest proof of these averments.
10. Further to the preceding paragraph, the Defendant avers that he went to the crash scene on his own judgment as a responsible official of the Federal Government who happened to be around the crash scene at the time. The Defendant shall contend at the trial of this action that the controverted averments in Paragraphs 5, 6 and 7 of the Claim are factually non-existent and are entirely figments of the Plaintiff’s disturbed mind.
11. In specific response to Paragraph 7 of the Claim, the Defendant admits that he was appointed as the Minister of Aviation by the former President Olusegun Obasanjo. The Defendant emphatically denies that his appointment had anything whatsoever to do with the Plaintiff or was the “direct result” of any “advice” he gave to the Defendant, the former President (or any other person) or attributable to any other action of the Plaintiff and puts the Plaintiff to the strictest proof of this averment.
12. In response to Paragraph 8 of the Claim, the Defendant repeats his averments in paragraphs 9 to 11 above and emphatically denies that the Plaintiff had any “role” whatsoever in his appointment as the Minister of Aviation especially because the Plaintiff was incapable of managing even his own personal affairs.
13. Further to the preceding paragraph, the Defendant specifically denies that he recognised the Plaintiff, at any time whatsoever, for any “role” in his appointment, that he had any meeting with the Plaintiff at his residence on the said Sunday 5th November 2006, that he invited the Plaintiff to be his Special Adviser whether on Sunday 5th November 2006 (or on any other date whatsoever) and that the discussion mentioned in Paragraph 8 of the Claim ever took place. The Defendant puts the Plaintiff to the strictest proof of these averments and shall contend at the trial of this action that these controverted averments are factually non-existent and are only delusions of grandeur actuated by the Plaintiff’s disturbed mind.
14. Further to the preceding paragraph, the Defendant avers that, upon his appointment as the Minister of Aviation, the Plaintiff renewed his passionate and intense appeals to the Defendant to be appointed as his Special Adviser. The Defendant avers that, when the Plaintiff’s appeals became agonizing for the Defendant to bear, he began to consider the Plaintiff’s appeals. The Defendant indicated his intention to his associates to appoint the Plaintiff as his Special Adviser.
15. The Defendant avers that, no sooner had he indicated his intention to appoint the Plaintiff as his Special Adviser, than he became inundated with disturbing reports from his associates informing him that the Plaintiff had been rejected by his family because of the Plaintiff’s cantankerous nature, chronic paedophilic and homosexual behaviour and the Plaintiff’s previous mental ill-health of bipolar disorder and schizophrenia dating back to 2003. The Defendant shall lead oral evidence of these reports at the trial of this action.
16. Further to the preceding paragraph, the Defendant confronted the Plaintiff with the reports. The Plaintiff vehemently denied the reports in their entirety and renewed his intense appeals to be appointed as the Defendant’s Special Adviser. The Defendant avers that he gave the Plaintiff the benefit of the doubt, being his long time friend, and placed him on probation as one of his aides which probation commenced on or about 8th November 2006 and lasted for about 6 days. During his probation, the Defendant continued to observe the Plaintiff and make independent enquiries about these reports.
17. In the light of paragraphs 14 to 16 above, the Defendant admits Paragraph 9 of the Claim only to the extent that he introduced the Plaintiff as one of his aides (while the Plaintiff was on probation) at the said press conference which was the Defendant’s inaugural press conference as the Minister of Aviation.
18. Further to the preceding paragraph, the Defendant specifically denies that the Federal Ministry of Aviation issued the Plaintiff with any official complimentary card in the course of his probation as alleged in Paragraph 9 of the Claim and puts the Plaintiff to the strictest proof of this averment. On the contrary, the Defendant avers that the Plaintiff, if he ever had any official card, same was printed by himself without the authority, knowledge or consent of the Defendant or the Federal Ministry of Aviation.
19. The Defendant specifically denies the following averments of fact in Paragraph 10 of the Claim and puts the Plaintiff to the strictest proof thereof i.e.:
i) That he used his position as the Minister of Aviation for his own or any other person’s personal benefit.
ii) That he instructed the said Managing Director of the Federal Airports Authority of Nigeria “on or about the 7th of November 2007” or on any day whatsoever “to find N40 million to buy luxury cars” or any other vehicle “for himself and his friends” or any other person.
iii) That he instructed the “said luxury cars” to be “purchased from one David B. Okorodudu of Car Link, at 23a Adeyemo Alakija Street, Victoria Island in Lagos” or any other source.
iv) That a discussion ever took place involving the Defendant and the Plaintiff regarding the types of “luxury cars” and that they were either “Range Rover” or “Lexus Jeep” or any other model.
20. Further to the preceding paragraph, the Defendant shall contend at the trial of this action that the controverted averments in Paragraph 10 of the Claim are factually non-existent and are wholly fabrications of the Plaintiff’s disturbed mind.
21. In response to Paragraph 11 of the Claim, the Defendant emphatically denies that he took drugs or alcohol whilst he was in public office and states that this averment is entirely a fabrication of the Plaintiff’s disturbed mind. The Defendant puts the Plaintiff to the strictest proof of this averment. The Defendant further avers that ever since he became a practising and devout born-again Christian in 1993, he has neither taken alcohol nor any type of banned drug or substance till date.
22. Further to the preceding paragraph, the Defendant emphatically denies the averment in Paragraph 11 of the Claim that the Defendant “spent long periods when he was unavailable, being locked up inside his office either alone (after which there would be a noticeable smell of air-freshener as there used to be at his Apapa, Lagos State residence when he had been using ‘crack’ cocaine), or at other times, ensconced and unavailable inside his office with his young female Personal Assistant, Chioma” in its entirety and puts the Plaintiff to the strictest proof thereof.
23. The Defendant denies Paragraph 12 of the Claim in its entirety and puts the Plaintiff to the strictest proof of the averments therein.
24. The Defendant admits Paragraph 13 of the Claim only to the extent of the fire-arm incident mentioned therein and his strong verbal reprimand of the erring security officer. The Defendant denies every other averment therein and puts the Plaintiff to the strictest proof thereof. On the contrary, the Defendant avers that he exercised firm disciplinary control over the erring officer by ensuring that the said officer was not only reported to and sanctioned by the police authorities but also that he did not receive his salary for that month.
25. In response to Paragraph 14 of the Claim, the Defendant denies the averments therein in their entirety and puts the Plaintiff to the strictest proof thereof. The Defendant shall contend at the trial of this action that the said averments are a fabrication of the Plaintiff’s disturbed mind and should be disregarded by the Honourable Court.
26. Further to the preceding paragraph, the Plaintiff specifically denies and puts the Plaintiff to the strictest proof of the following averments in Paragraph 14 of the Claim i.e.:
i) That the Defendant did not have “any serious intention of running the Ministry” of Aviation in an effective manner. On the contrary, the Defendant avers that he ran the Ministry in an effective manner which ushered in a period of improvement of aviation infrastructure and stopped the spate of air crashes at the time.
ii) That “the Defendant and others” were engaged “in using the public funds of the Ministry” of Aviation for “personal gain or advantage” On the contrary, the Defendant avers that he never misappropriated public funds during his tenure as the Minister of Aviation.
27. The Defendant denies the averments in Paragraph 15 of the Claim in its entirety and puts the Plaintiff to the strictest proof thereof. In response thereto, the Defendant avers that, further to paragraphs 16 to 18 above, during the Plaintiff’s probation, the Defendant became aware of the following facts about the Plaintiff i.e.:
i) The Defendant confirmed from Ms. Donu Kogbara and Mallam Nasir El -Rufai that the Plaintiff’s mental state was seriously doubtful especially because sometime in 2002, Mallam El-Rufai’s wife, Mrs. Hadiza El-Rufai and Mrs. Maryam Uwais had helped the Plaintiff to the Zankli Clinic in Abuja after the Plaintiff threatened to jump down from the balcony of a company guest house in Wuse, Abuja where he was staying at, tried to remove his clothing and was talking clear gibberish. At the Zankli Clinic, the Plaintiff was diagnosed to be having a mental breakdown and was admitted and sedated.
ii) Further to the preceding sub-paragraph, after the Plaintiff became somewhat stable mentally, Mrs. El-Rufai, Mrs. Uwais, Ms. Kogbara and Alhaji Ahmed Dasuki made arrangements for the Plaintiff to be flown to England for further treatment at the Cromwell Hospital along with a doctor from the Zankli Clinic. While in England, the Plaintiff failed to conclude his psychiatric treatment.
iii) That between 2002 and 2005, the Plaintiff had several incidents of mental breakdowns in England and was seen by several psychiatrists including those at the Chelsea & Westminster Hospital in London. The Defendant shall lead evidence of this fact at the trial of this action. The above facts were also confirmed to the Defendant by Mr. Shield Jones Ufot, a mutual friend of both parties herein. The Defendant shall lead evidence of these facts at the trial of this action.
28. In addition to the circumstances in the preceding paragraph, the Defendant avers that he had reason to doubt the Plaintiff’s mental health when sometime in the course of the Plaintiff’s probation, at an official function involving the Defendant (accompanied by the Plaintiff) and the American Consul-General in Ife, Osun State, the Plaintiff turned an otherwise friendly and gentle discussion with the American Consul-General into a very tense and heated argument on American foreign policy and Iran’s nuclear ambition and thoroughly insulted the American Consul and the United States Government to the embarrassment of the Defendant and other dignitaries present.
29. In the light of the circumstances in paragraphs 27 and 28 above, the Defendant avers that he confronted the Plaintiff with the facts about his medical history. The Plaintiff admitted them and apologised to him for concealing them from him. The Defendant then informed the Plaintiff of his intention to terminate his probation because of his doubtful mental state. The Plaintiff assured the Defendant of his mental health and earnestly appealed to the Defendant to allow him continue the probation and not terminate it in order that the Nigerian public do not become aware of his mental history and/or assume that he had been involved in some underhand transaction or improper conduct.
30. The Defendant avers that he agreed not to terminate the Plaintiff’s probation simply out of deference to their friendship but informed the Plaintiff that he would be quietly eased out from the Ministry of Aviation. The Defendant informed the Plaintiff that, although he was still welcome to the Ministry, he would not be assigned any official duties.
31. Further to the preceding paragraph, the Defendant avers that he started receiving the following reports of the Plaintiff’s highly indecent and offensive conduct during his presence at the Ministry of Aviation i.e.:
i) That the Plaintiff made a habit of making sexual and homosexual advances and exposing his genitalia to visitors and several staffers of the Ministry of Aviation including an elderly male visitor, Chief Dokun Omisore and a middle aged female staff-Mrs. Florence Salawu. The Defendant shall lead evidence of the Plaintiff’s indecent conduct at the trial of this action.
ii) That the Plaintiff constituted himself into a nuisance to staffers of the Ministry of Aviation shouting that he could not be sacked by the President of Nigeria much more the Defendant and that any attempt to do that would be met with his personal demolition of the building housing the Ministry of Aviation. The Plaintiff also threw violent fits and almost assaulted several staffers of the Ministry of Aviation.
iii) That the Plaintiff demanded gifts, cars, cash, computers and expensive mobile phones from some parastatal heads under the Ministry of Aviation including the former Managing Director of the Federal Airports Authority of Nigeria, Mr. Mohammed Yusuf. When the Defendant overruled his request, the Plaintiff appealed to Mr. Ajidahun to appeal to the Defendant on his behalf.
iv) That the Plaintiff made a habit of going to the bars of hotels in Abuja i.e. Pioneer Hotel, Transcorp Hilton and Sheraton Hotel, boasting to guests that he had the ears of the Defendant and that nothing could get done at the Ministry without his approval.
v) That the Plaintiff had previously been ejected from a British Airways flight because of his very unruly behaviour while on board and was also banned by the airline from flying on its flights for some time.
32. In the light of the circumstances in the preceding paragraph, the Defendant became fed up with the Plaintiff’s intolerable and shameful behaviour and informed him of his decision to permanently bar him from the Ministry of Aviation. At this, the Plaintiff thoroughly insulted the Defendant and informed him that he could kill the Defendant or cause him any kind of bodily injury he wished because, according to the Plaintiff, he had allegedly raped his own mother and allegedly killed his own father who had allegedly placed a curse on him for allegedly raping his own mother. The Defendant also confirmed that the Plaintiff had also told Mr. Ufot and Mr. Ajidahun of these events and also asked them to warn the Defendant to re-consider his decision to bar him from the Ministry of Aviation. The Defendant shall lead evidence of this fact at the trial of this action.
33. Further to the preceding paragraph, the Defendant admits Paragraph 20 of the Claim only to the extent that he instructed the CGH to check out the Plaintiff as he would no longer be responsible for the Plaintiff’s expenses thereat. The Plaintiff denies every other averment therein and puts the Plaintiff to the strictest proof thereof.
34. The Defendant avers that the Plaintiff subsequently shaved off his hair until he became bald with only a strip of hair in the middle of his head, wore tattered clothes to and regularly harassed and terrorised staffers of the Ministry of Aviation and begged them for money including the former Permanent Secretary, Alhaji Kassim and Mr. Ajidahun. The Plaintiff also sent text messages to the Defendant threatening to destroy the Defendant in the same manner as he had allegedly destroyed former President Ibrahim Babangida and General Aliyu Gusau (the former National Security Adviser) both of whom he alleged once brutalised him with the British police and the M15 British Secret Service and tried to lock him up in England.
35. The Defendant denies Paragraphs 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 of the Claim in their entirety and puts the Plaintiff to the strictest proof thereof. In specific response to these averments about the circumstances leading to the Plaintiff’s ejection from the CGH and his treatment at the National Hospital, Abuja the Defendant avers the following:
i) Sometime on Wednesday 15th November 2006, the Plaintiff asked Mr. Ufot to assist in checking him into the Pioneer Hotel, Zone 4, Abuja which request was granted. Whilst at the hotel, the Plaintiff behaved in his characteristic unruly manner harassing other guests of the hotel. The Defendant shall lead evidence of the Plaintiff’s unruly behaviour at the Pioneer Hotel at the trial of this action.
ii) Whilst staying at the Pioneer Hotel, the Plaintiff proceeded to the Le Meridien Hotel, Abuja (now NICON Luxury Hotel) in the evening of Thursday 16th November 2006 to knock on the doors of some of the guests thereat on the 6th floor. The guests complained to the expatriate general manager of the hotel who called Mr. Ufot to make arrangements for the Plaintiff to be removed from the hotel as he was a nuisance thereat and embarrassing their guests.
iv) Mr. Ufot called up Etubom Bassey on the said Thursday 16th November 2006 and met with him where he resided at the Akwa-Ibom Government Guest House in Abuja. They both agreed to meet on Friday 17th November 2006 to make conclusive arrangements for the Plaintiff’s removal to Calabar.
v) On Friday 17th November 2006, Mr. Ufot visited the Plaintiff at the Pioneer Hotel and together they checked out therefrom and proceeded to the Sheraton Hotel, Abuja. Whilst at the hotel, Mr. Ufot called up Etubom Bassey and the latter met the duo at the pool side bar of the hotel. In the course of discussions, the Plaintiff skilfully snatched the sum of N20,000.00k (twenty thousand Naira) from Etubom Bassey and made away into a waiting taxi which drove off immediately. All efforts by Mr. Ufot and Etubom Bassey to locate the whereabouts of the Plaintiff were futile as the Plaintiff switched off his mobile phone.
vi) Sometime in the evening of the said Friday 17th November 2006, the Plaintiff returned to and lodged at the Sheraton Hotel in Room 571 with a dud credit card. Thus, the Defendant admits Paragraph 21 of the Claim only to the extent that the Plaintiff checked into the Sheraton Hotel on Friday 17th November 2006 but puts the Plaintiff to the strictest proof of every other averment therein.
vii) When his credit card was discovered to be a dud one, he was reported by the hotel officials to the police from Zone 3 Police Station, Abuja who sought their assistance to eject the Plaintiff. The Defendant denies any involvement with the Plaintiff’s incident at the Zone 3 Police Station, Abuja or that same was instigated by the Defendant as alleged in Paragraph 22 of the Claim and shall lead both oral and documentary evidence of this incident at the trial of this action vide reliable witnesses including but not limited to the Front Office Manager of the hotel at the time, Mr. Joseph Ugwu and the Chief Security Officer of the hotel, Mr. Etim Inyang.. The Plaintiff was questioned at the Zone 3 Police Station.
viii) Upon interrogation by the police, the Plaintiff revealed that he was a resident of the CGH and the police accompanied him thereto on or about Saturday 18th November 2006. The Manager of the CGH, Mr. Fadara, clarified that the Plaintiff was not their guest as he had been checked out therefrom. Mr. Fadara subsequently telephoned the Defendant and informed him of the Plaintiff’s conduct. The Defendant reminded Mr. Fadara that the Plaintiff was no longer his guest and therefore he could not be responsible for the Plaintiff’s conduct. The Defendant shall lead evidence of this fact at the trial of this action.
ix) The Plaintiff then moved to the bar of the CGH and stayed there drinking alcohol. In the evening of Saturday 18th November 2006, the Plaintiff got himself drunk with alcohol at the bar of the CGH and started harassing and insulting senior military officers who were guests at the bar at the time. He continued to pour vicious insults on and calumniate former Presidents Olusegun Obasanjo and Ibrahim Babangida, Alhaji Aliyu Gusau, the Defendant, the Chief of Army Staff and other Service Chiefs (at the time) and officers and men of the Nigerian Armed Forces much to the annoyance of the military officers present. Another guest at the CGH at the time and friend of the Defendant, Pastor Sola Tella, who witnessed the Plaintiff’s behaviour also telephoned the Defendant to report the Plaintiff to him.
x) Further to the preceding sub-paragraph, Mr. Fadara, telephoned the Defendant, who was away in Lagos at the time at about 11p.m on Saturday 18th November 2006, to inform him of the Plaintiff’s drunken, unruly and provocative behaviour. The Defendant again reminded Mr. Fadara that the Plaintiff was no longer his guest and that he was not responsible for the Plaintiff’s conduct.
xi) All attempts by Mr. Fadara and other military officers who were guests of the bar at the material time to persuade and prevail on the Plaintiff to stop his unruly and provocative behaviour and conduct himself with some civility fell on deaf ears. The Plaintiff instead picked up a fight with a senior military officer who was appealing to him. The Plaintiff’s conduct drew the ire of the junior military officers present who overpowered him and ejected him from the CGH together with his baggage at about past 1 a.m on or about Sunday 19th November 2006.
xii) Further to the preceding paragraph, the Defendant avers that he had nothing whatsoever to do with the Plaintiff’s ejection from the CGH as alleged by the Plaintiff in Paragraph 23 of the Claim and puts the Plaintiff to the strictest proof of these averments. While outside the CGH, the Plaintiff stripped himself to his underpants and lay down right in the middle of the road.
xiii) Contrary to the Plaintiff’s averment in Paragraph 24 of the Claim, the Defendant denies that the Plaintiff was assaulted by the soldiers at the CGH on the said day and that the sum of N10,000.00k (ten thousand Naira) or any other sum was stolen from the Plaintiff by the soldiers thereat or by anybody. The Defendant puts the Plaintiff to the strictest proof of this averment. The Defendant avers that the soldiers guarding the CGH tried to persuade the Plaintiff to leave the main road which effort angered the Plaintiff into picking a fight with one of the soldiers. The said soldier only parried the Plaintiff’s punches and tried to calm him down.
xiv) The fact of the Plaintiff stripping himself to his underpants and lying down on the main road in front of the CGH was brought to Mr. Fadara’s attention by the soldiers guarding the CGH. Subsequently, Mr. Fadara telephoned the Defendant at about 1.30a.m on or about Sunday 19th November 2006 and informed him of the Plaintiff’s abnormal behaviour.
xv) The Defendant was constrained to telephone and wake up his Special Adviser, Mr. Ajidahun, and asked him to rush to the CGH to help the Plaintiff. The Defendant denies that Mr. Ajidahun is his cousin as averred by the Plaintiff in Paragraph 24 of the Claim and puts the Plaintiff to the strictest proof thereof.
xvi) Mr. Ajidahun, in the company of his wife, rushed to the CGH on or about Sunday 19th November 2006 in the early hours and were joined thereat by Pastor Sola Tella. They all found the Plaintiff in his underpants on the main road in front of the CGH trying to fight one of the soldiers guarding the CGH. The soldiers informed them that, before their arrival, the Plaintiff stripped himself to his underpants and laid down on the main road in front of the CGH. Their efforts to persuade him to leave the main road led to his fighting the soldier which Mr. Ajidahun witnessed. The said soldier did not retaliate but merely parried the Plaintiff’s punches and tried to calm him down. The Defendant denies the Plaintiff’s averment in Paragraph 24 of the Claim that an “SSS officer” accompanied Mr. Ajidahun to the CGH and puts the Plaintiff to the strictest proof thereof.
xvii) Mr. Ajidahun immediately telephoned the Defendant and informed him of the Plaintiff’s very abnormal behaviour and advised that the Plaintiff required psychiatric attention. The Defendant then telephoned Dr. Victoria Ogala of the Aso Clinic, Maitama (which is very close to the CGH) and informed her of the Plaintiff’s behaviour. The doctor asked that the Plaintiff be rushed to the clinic for her attention. The Defendant then telephoned Mr. Ajidahun and asked him to rush the Plaintiff to the Aso Clinic for medical attention. Subsequently, Mr & Mrs. Ajidahun and Pastor Tella rushed the Plaintiff to the Aso Clinic.
xviii) Further to the preceding paragraph, the Defendant avers that the Plaintiff’s averments in Paragraph 24 of the Claim that an “SSS officer” and “two soldiers” together with Mr. Ajidahun drove the Plaintiff to the “Presidential Clinic” is wholly factually non-existent and is only a figment of the Plaintiff’s disturbed mind. The Defendant denies this averment and puts the Plaintiff to the strictest proof thereof. The Defendant also avers that no “SSS officer” and “two soldiers” as alleged accompanied Mr. & Mrs. Ajidahun, Pastor Tella and the Plaintiff to the Aso Clinic where the Plaintiff was rushed to.
xix) At the Aso Clinic, Dr. Ogala attended to the Plaintiff and informed them that, in her opinion, the Plaintiff was not okay mentally and required psychiatric attention. She sedated him and adviced them to rush the Plaintiff to the Psychiatric Wing of the National Hospital, Abuja for proper psychiatric treatment. Mr. Ajidahun then telephoned the Defendant to inform him of Dr. Ogala’s diagnosis and advice. Subsequently, Mr. & Mrs. Ajidahun and Pastor Tella rushed the Plaintiff to the National Hospital, Abuja at about past 2 a.m. on or about Sunday 19th November 2006.
xx) Further to the preceding paragraph, the Defendant avers that Dr. Ogala did not refuse to admit the Plaintiff (as averred in Paragraph 24 of the Claim) but, having diagnosed him to be suffering from a mental illness and not being a specialist in that field of medicine, referred him to the National Hospital for proper psychiatric treatment. The Defendant puts the Plaintiff to the strictest proof of his averment.
xxi) After receiving the report from Mr. Ajidahun, the Defendant telephoned the Chief Medical Director of the National Hospital, Abuja, Dr. Ajuwon, and informed him of the Plaintiff’s condition and Dr. Victoria’s advice and that the Plaintiff was being rushed to the National Hospital by Mr. & Mrs. Ajidahun and Pastor Tella. The Defendant subsequently telephoned Mr. Ajidahun and directed him to meet Dr. Ajuwon upon his arrival at the hospital.
xxii) Mr. & Mrs. Ajidahun and Pastor Tella found it difficult locating the National Hospital because they were new residents of Abuja at the time. Thus, they had to drive around Abuja for a while in their effort to locate the hospital. The Defendant states that the Plaintiff’s averment that Mr. Ajidahun, “SSS officer and soldiers…proceeded to drive around Abuja for over one and a half hours, all the while abusing the Plaintiff and physically assaulting the Plaintiff, beating him and punching him with their fists and kicking him with their feet…with the specific intention of provoking a crisis in him so that it will be possible to have him admitted to a hospital or other facility against his will.” contained in Paragraphs 25, 26 and 27 of the Claim is entirely a figment of the Plaintiff’s disturbed mind. The Defendant puts the Plaintiff to the strictest proof of these wild averments.
xxiii) In their effort to locate the hospital, they ran into a military exercise comprising 50 (fifty) soldiers going on at the Abuja City Gate. Whilst Mr. Ajidahun was explaining their mission to the soldiers, the Plaintiff started screaming forcefully at the top of his voice that Mr. & Mrs. Ajidahun, Pastor Tella and himself were all planning a coup plot to topple the civilian government of former President Obasanjo and that there were arms, ammunition and hard drugs in the boot of Mr. Ajidahun’s car. The officers, at gun point, immediately ordered all of them out of the car onto the ground with their hands on their heads, searched and dispossessed them of their phones and subjected Mr. & Mrs. Ajidahun and Pastor Tella to a rigorous interrogation.
xxiv) Mr. Ajidahun explained to the soldiers that the Plaintiff was not mentally well and that they had lost their way in their effort to rush him to the National Hospital for medical treatment. The Plaintiff insisted that his allegations were correct and that Mr. Ajidahun was lying against him in an effort to conceal their coup plot. In defiance of the order by the soldiers to lie down on the road, the Plaintiff suddenly stood up and went to the boot of the car to show the soldiers the alleged arms and ammunition. Upon opening the boot, the soldiers found no arms, ammunition and hard drugs therein but only the Plaintiff’s travel bag. The soldiers also searched the vehicle and found nothing incriminating against them.
xxv) Without any regard for the soldiers who had corked their guns at him, the Plaintiff then took his travel bag from the boot of the car and proceeded to the middle of the road and emptied its contents on the road and attempted to dress himself up in an imaginary manner, although he was already dressed. The soldiers, Mr. & Mrs. Ajidahun and Pastor Tella watched the Plaintiff as he also proceeded to direct a non-existent traffic. It was at this point that the soldiers believed that the Plaintiff was not mentally well and required psychiatric treatment.
xxvi) Realising that they had been misled by the Plaintiff, the soldiers immediately released Mr & Mrs Ajidahun and Pastor Tella, apologised to them, returned their possessions, packed the contents of the Plaintiff’s travel bag which were on the main road into the Plaintiff’s travel bag and returned it to the boot of Mr. Ajidahun’s car, carried the Plaintiff into Mr. Ajidahun’s car and escorted them to the National Hospital, Abuja at about 3 a.m on Sunday 19th November 2006 where the Plaintiff was admitted and received psychiatric treatment. The Defendant hereby pleads the Plaintiff’s Hospital Card and some of his drug prescriptions which the Defendant paid for.
xxvii) Thus, the Defendant admits Paragraph 27 of the Claim only to the extent that the Plaintiff was rushed to the National Hospital, Abuja by Mr. & Mrs. Ajidahun and Pastor Tella on or about Sunday 19th November 2006 but puts the Plaintiff to the strictest proof of every other averment therein. The Defendant further avers that throughout the Plaintiff’s treatment at the National Hospital, the Defendant defrayed the Plaintiff’s medical bills. The Defendant shall lead both oral and documentary evidence of this fact at the trial of this action.
xxviii) In further response to Paragraphs 27 and 34 of the Claim, the Defendant denies that the Plaintiff’s personal belongings or his purportedly missing items mentioned in Paragraph 34 of the Claim were “taken from him and removed” by either Mr. Ajidahun or himself and puts the Plaintiff to the strictest proof of these averments. The Defendant avers that the Plaintiff’s travel bag was handed over to the National Hospital along with the Plaintiff when he was admitted thereat on Sunday 19th November 2006.
xxix) Further to the preceding paragraph, the Defendant avers that the Plaintiff’s travel bag was returned to Mr. Ajidahun when he visited the Plaintiff the next day because, the Plaintiff was not, by the hospital rules, allowed to keep it. Mr. Ajidahun collected the bag and kept it in the boot of his car and it remained there for about a week. He handed the bag over to Ms. Kogbara when she requested for the Plaintiff’s clothes to be taken to him. All the while the bag was in his car, Mr. Ajidahun never opened it, was not aware of its contents and never took any of the Plaintiff’s personal effects as averred. He also never collected the bag back.
xxx) Further to the preceding paragraph, the Defendant denies the Plaintiff’s averments in their entirety as contained in Paragraphs 28 and 29 of the Claim that he was detained at the National Hospital at any time on the Defendant’s instructions, that the Defendant gave instructions to Mr. Ajidahun that the Plaintiff “should not be released unless he was willing to leave Nigeria” or that Mr. Ajidahun ever told the Plaintiff of the purported instruction. The Defendant puts the Plaintiff to the strictest proof thereof.
xxxi) Whilst at the National Hospital receiving treatment, the Plaintiff was attended to by the Chief Psychiatrist, Dr. (Mrs) Olusola T. Ephraim-Oluwanuga. The Defendant, Mr & Mrs Ajidahun, Pastor Tella, Mr. Nduka Obaigbena, Mr. Ufot, Mr. Chike Ogeah (the present Managing Director of the Skypower Aviation Handling Company Limited) and Ms. Kogbara all visited the Plaintiff during his stay and treatment at the National Hospital.
xxxii) In the course of Plaintiff’s treatment, the Defendant avers that he suggested that the Plaintiff be flown abroad for further treatment but Dr. Ephraim-Oluwanuga advised that he could not make such a trip at the time due to his mental state. She advised that he be kept at the hospital for treatment until his mental state improved. When the Plaintiff’s mental state improved, she advised the Defendant to make arrangements for the Plaintiff to be flown abroad for further psychiatric treatment.
xxxiii) Consequent on Dr. Ephraim-Oluwanuga’s advise, the Defendant contacted Ms. Kogbara, Mr. Ajidahun and the British High Commissioner to Nigeria, Mr. Richard Gozney, and solicited their assistance to reach the Plaintiff’s family in England so that they can make arrangements for the Plaintiff to be flown to England for further medical treatment. In addition, Dr. Ajuwon also made effort to contact the Plaintiff’s family in England. The response from the Plaintiff’s family was as mind-blowing as it was shocking.
xxxiv) The Plaintiff’s family in England informed Mr. Ajidahun, the representatives of the British High Commission and Ms. Kogbara that they had rejected the Plaintiff as a member of their family because he had been allegedly cursed by his father (whom he allegedly subsequently killed) because he raped his own mother. They also stated that the Plaintiff was a homosexual and a paedophile and therefore a potent threat to their children whom he had allegedly tried to have carnal knowledge of in the past. Consequently, the family expressed their firm decision not to have anything whatsoever to do with the Plaintiff and did not care about his welfare as he was such a threat to their safety, their children and an embarrassment and source of shame to the family.
xxxv) Further to the preceding sub-paragraph, Dr. Ajuwon was also informed by the Plaintiff’s sister who lived in England, at the time, that the Plaintiff’s family in England had rejected him because he was a problematic person and always got himself into trouble.
xxxvi) Further to the preceding sub-paragraph, Ms. Kogbara was informed by Isabel Appio, the Plaintiff’s sister who lived in England that:
a) No member of the Plaintiff’s immediate family based in England “is willing to take any responsibility for him”
b) The Plaintiff “has caused his family too much pain and inconvenience”
c) If the Defendant or Ms. Kogbara were not willing to take full responsibility for the Plaintiff’s welfare, they should “discharge him from the National Hospital and leave him to fend for himself in Nigeria or Britain; and if he gets run over by a truck, too bad.”
xxxvii) Further to the preceding sub-paragraph, the Defendant avers that Ms. Kogbara prepared a 6-paged report on 21st November 2006 and forwarded it, by a cover letter, to the Defendant through Mr. Ajidahun. The detailed report chronicled her relationship with the Plaintiff, his mental history as far as she knew it and also contained the within mentioned statements by the Plaintiff’s sister, Isabel Appio. Ms. Kogbara also attached copies of e-mails dated Tuesday 6th September 2005, Wednesday 7th September 2005, Friday 9th September 2005 and another e-mail sometime in September 2005 which she received from the Plaintiff and described at Page 4 (line 17) of her report as “very strange”. The Defendant hereby pleads Ms. Kogbara’s cover letter, the said report dated 21st November 2006 and its attached e-mails and shall rely on them at the trial of this action.
xxxviii) In the light of the Plaintiff family’s damning response and out of the Defendant’s kind nature and his deference to their friendship, the Defendant made travel arrangements and was responsible for the travel expenses of the Plaintiff as well as Dr. Ephraim-Oluwanuga and Ms. Kogbara who accompanied the Plaintiff to England for medical treatment. In all, the Defendant spent about US$7,000.00 (seven thousand United States Dollars) on their travel expenses from his personal resources.
xxxix) In addition to the travel expenses, the Defendant was also responsible for the Plaintiff’s medical expenses in England and also for his upkeep and maintenance in England. The Defendant also paid US$2,800.00 (two thousand eight hundred United States Dollars) and US$2,000.00 (two thousand United States Dollars) to Dr. Ephraim-Oluwanuga and Ms. Kogbara respectively for their upkeep and maintenance while in England. All these payments were made from the Defendant’s personal resources. The Defendant shall lead evidence of these payments at the trial of this action.
xl) Further to the preceding sub-paragraph and in appreciation of the Defendant’s financial assistance and medical treatment afforded the Plaintiff, the Plaintiff acknowledged the Defendant’s kindness to him in writing on 17th December 2006. The Defendant hereby pleads and shall rely on the Plaintiff’s written acknowledgment dated 17th December 2006 at the trial of this action.
xli) In the light of the preceding sub-paragraphs, the Defendant admits that the Plaintiff was flown to England on 18th December 2006 for medical treatment in the company of Dr. (Mrs.) Ephraim-Oluwanuga and Ms. Kogbara as averred in Paragraph 29 of the Claim but puts the Plaintiff to the strictest proof of other averments therein.
xlii) Upon the Plaintiff’s arrival in England, rather than agree to be admitted in a hospital to receive medical treatment, he insisted and checked into a 5-star hotel in England where he stayed. In view of his behaviour, Dr. (Mrs.) Ephraim-Oluwanuga and Ms. Kogbara informed the Plaintiff’s doctors of the Plaintiff’s mental condition and location in England and later returned to Nigeria. Consequently, the Defendant denies Paragraphs 30, 31, 32 and 33 of the Claim in their entirety and puts the Plaintiff to the strictest proof thereof.
xliii) When the Plaintiff ran out of money for his upkeep and maintenance, he sent to the Defendant sometime in January 2007 through Ms. Kogbara for financial assistance. Out of the Defendant’s kind heart, generosity and personal resources, he paid Ms. Kogbara the sum of US$15,000.00 (fifteen thousand United States Dollars) for delivery to the Plaintiff for the months of January to March 2007 and informed the Plaintiff that he would no longer bear the expenses of the Plaintiff’s upkeep and maintenance after March 2007. The Defendant shall lead evidence of these payments at the trial of this action.
xliv) After the Plaintiff ran out of money for his upkeep and maintenance in March 2007, he sent to the Defendant through Ms. Kogbara. The Defendant turned down the Plaintiff’s request. The Defendant shall contend at the trial of this action that he did not hesitate to turn down the Plaintiff’s request because, after taking stock of all the favours that he had done to the Plaintiff as enumerated above, he was of the view that the Plaintiff was being insensitive, selfish, outrightly irresponsible and was taking the Defendant for a ride.
xlv) The Plaintiff was infuriated at the Defendant’s refusal and subsequently sent the Defendant several text messages threatening to deal with him by fabricating and circulating scandalizing stories about the Defendant which would lead to his being removed from office. The Defendant, in turn, reported the Plaintiff’s threats and blackmail to the then Executive Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu.
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