Court Dismisses Iyabo Ojo’s N1 Billion Defamation Suit Against Lizzy Anjorin Over Procedural Flaws
Enet
LAGOS — A Lagos High Court sitting in Osborne, Ikoyi, has struck out a N1 billion defamation lawsuit filed by Nollywood actress Iyabo Ojo against fellow actress Lizzy Anjorin, citing serious procedural errors.
Justice Olabisi Akinlade dismissed the case on the grounds that it was incompetent due to fundamental defects in the originating court documents. The judge also ordered Ojo’s lawyer, Dr. Olabimpe Ajegbomogun, to pay N500,000 in costs to Anjorin’s counsel, Barrister Ademola Olabiyi.
The lawsuit, marked LD/ADR/5292/2023, sought N1 billion in damages for alleged defamatory statements made by Anjorin. However, Olabiyi filed a preliminary objection, arguing that the suit failed to comply with mandatory pre-action protocols under the Lagos State High Court Civil Procedure Rules.
One major flaw cited was that the Statement of Compliance with Pre-Action Protocol (Form 01) was not signed by Ojo’s counsel. Additionally, the Writ of Summons did not follow the prescribed format and lacked clear endorsement of the reliefs sought.
Olabiyi also pointed out that the Writ in the court file was unsigned, and the version presented in Ojo’s counter-affidavit was an uncertified photocopy. A court search conducted on April 2, 2024, confirmed the original Writ remained unsigned at the time of filing.
In her defense, Ojo’s lawyer argued the errors were not substantial enough to invalidate the suit and could be corrected before trial.
However, Justice Akinlade held that the failure to sign the originating Writ at the time of filing was a fatal procedural error. She ruled that this defect rendered the case null and void, as confirmed by the Certified True Copy (CTC) submitted by Anjorin’s legal team.
