Businessmen institute libel suit against lawyer, newspaper

By Bartholomew Madukwe

Two businessmen, Ola Rosiji and Anil Ahluwalia have instituted a N520 million libel suit against a Lagos-based lawyer and principal partner of Okunowo & Co, Chris Okunowo and a national newspaper. In a suit number LD/ADR/276/2015, filed before a Lagos High Court, Igbosere, the claimants are demanding damages in the sum of N500 million and N20 million as legal fees for libelous publications against them.

The claimants, who described themselves as businessmen of international repute, are also seeking an order of perpetual injunction restraining the defendants, whether by themselves, servants or privies from further publishing, or causing to be published the said libel, defamatory or injurious publications. In a statement of claim deposed by the claimants, they alleged they were defamed by a publication entitled: “$8.8 million Fraud: Lawyer Faults Briton’s Extradition Plan,” published on  page 12 of June 2, 2015 edition of the newspaper, written by a reporter who is also joined in the suit.

They alleged that in a bid to exert undue pressure, intimidate, undermine and forestall them from taking steps to recover the money which they claimed were unlawfully obtained by one British citizen, Okunowo contracted the said newspaper to publish the statements to create false impression to the public that they (the claimants) are opportunistic and devious persons who engaged in several illegal schemes and are employing oppressive actions against Khilnani.

Also they claimed that the contents of the publication as alleged were sponsored by the lawyer which were completely malicious, extremely offensive and calculated to disparage their image, integrity and business. The businessmen story was that sometime in 2007, they promoted and formed Green Fuels Limited (GFL) as a joint venture between them (Rosiji, Ahluwalia), Comcraft Group and a Briton and former Director of GFL.

GFL was formed to engage in the business of supplying compressed natural gas to industries in areas where piped natural gas is not available. On 9th October 2007 GFL was incorporated with an authorised share capital of N10, 000,000.00 dividend into N10 million ordinary shares of N1 each. The Claimants were the initial subscribers of the Memorandum and Articles of Association of GFL and they both equally held 1,250,000 units of shares. They were also members of the Board of Directors. However the Briton ran the day to day affairs of GFL.

He [the british citizen] also had interests in several companies within and outside Nigeria including Industrial Energy (African) Limited (hereafter IEAL; formerly known as (Green Fuels Holding), Gentec Energy Plc and CNG Technologies (CNGT). The companies were major business partners to GFL and supplied machineries valued at over USD$ 14,202,780.00 over the course of four years.

On 20th January 2010, the Board took a decision and increased GFL’s share capital to 150 million ordinary shares. The now increased shares were re-allotted with 75% shares given to IEAL (one of the Briton’s companies) and 35,000,000 shares allotted to another. This meant that the latter was to hold 36,250,000 shares (inclusive of his initial 1,250,000 already held upon incorporation).