A civil society group under the aegis of Nigerians for Accountability & Good Governance (NAGG) has asked Mr. Simbi Kesiye Wabote, Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB) to stop wasting the time of the United States Federal Court over his libel suit instituted against the publisher of the PointBlank news, Mr. Jackson Ude.
According to the group, though there is an alleged plan by the Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Kesiye Wabote, to appear virtually to give testimony during the jury selection and hearing fixed for March, the group wants Mr. Simbi Kesiye Wabote to travel to the United States if the case against the editor-in-chief and publisher of Pointblanknews.com Mr. Jackson Ude is genuine and not an attempt to stifle the media over allegation of misconduct in the $4billion USD Bonny Train 7 LNG Project, where questions will be asked under oath about Saipem, Kelvion, and more.
The group, in a statement issued via electronic mail and signed by its National Secretary, Ibrahim Kabiru, pointed out that barring any last minute out of court settlement before the jury trial commences, the trial is scheduled to commence in later March 2022. A jury (typically twelve persons in number) is sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.
According to the group, “The 12 persons jury is made up of 12 United States citizens from every walk of life to listen and study witness testimonies and evidences of alleged bribery and corruption, including review of documents presented against Mr. Wabote. Mr. Wabote must, as a matter of law, prove beyond reasonable doubt that Mr. Ude acted recklessly, intentional negligent, malice, and much more.
However, legal experts are surprised that the Judge in the case, Judge Joseph Leeson Jr. granted standing in this case to Mr. Wabote who is a Nigerian citizen and has no residency in the United States. Legal experts are convinced that the case will be tossed out should the defendant Mr. Ude appeal the issue of standing to the United States Court of Appeals for the Third Circuit which is composed of 14 active judges”.
“It must also be noted that it will be extremely difficult for any Nigerian public office holder or politician to prevail in such a case given the history of fraud, bribery, corruption, human rights abuses, arbitrary arrests of journalists, assaults and killing of journalists in Nigeria at the behest of Nigeria public office holders and politicians.
“In such a case, the jury may find in favour of the defendant and order the plaintiff to pay damages to the defendants as reimbursements for attorney fees, court costs, and any injury or damages suffered by the defendant”.
“These cases are even more difficult if the plaintiff is a public figure in which the general public is an interested party. The plaintiff has additional hurdles to overcome to recover for libel or slander. An example of a public figure is a politician. Along with establishing all of the regular elements of the tort, a plaintiff who is a public figure must also show that the defendant knew the false statement was false, or at least acted with reckless disregard as to its truthfulness.
“In the United States, newspapers frequently escape liability for libel when they merely report false statements as long as the paper had no particular reason to doubt the statement at the time it was printed, or they made an effort to reach the plaintiff to obtain their side of the story”.
The group also recalled that during the discovery and deposition phase of the case, Mr. Wabote was allegedly accused of making multiple false statements regarding his foreign bank accounts, leaked official memos and documents and it will be presented to the jury.
“Therefore, the plaintiff Mr. Wabote, should stand up to the alleged perjury charges that might be leveled against him should he travel to the United States federal court, where he will seat in the witness box facing the 12 persons jury under cross-examination by Mr. Ude’s legal team and provide sworn testimony under oath in Eastern District of Pennsylvania, where he will be asked to disclose publicly all government transactions between NCDMB and NNPC, bank payments, all contractual documents and information regarding the $4billion USD Bonny Train 7 LNG Project, questions about Saipem, Kelvion, and more”.
“Furthermore, if Mr. Wabote has nothing to hide, then why did he and his attorney plead with Judge Joseph Leeson Jr. on the 21st day of December 2021 in the United States District court against the disclosure of his foreign bank accounts to which the Judge obliged as at that time, and ordered that, “Plaintiff’s objections to providing records from Bank of America and HSBC are sustained. In other words, plaintiff need not provide bank records from Bank of America or HSBC.” Mr. Wabote will not be able to hide from answering questions about his foreign bank accounts in front of the 12 persons jury during cross-examination by Mr. Ude’s legal team”.
Mr. Kabiru stated that, though Mr. Wabote will not be able to hide from answering questions under oath in front of the 12 persons jury during cross-examination by Mr. Ude’s legal team on his alleged false statements regarding his Code of Conduct Bureau (CCB) filings and non-compliance records, alleged unlawful arrest of journalists, human rights abuses, intimidation and the N10million bribery and blackmail allegations levelled against him, he must stand firm and come out with the truth.”.
The group claimed that they had gathered that Mr. Simbi Kesiye Wabote, Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB) is expecting that he be allowed to provide virtual testimony in the forthcoming libel case which he instituted against Mr. Jackson Ude, a United States citizen, and a journalist, in a United States District Court, Eastern District of Pennsylvania,” but we believe this case will once again bring President Muhammadu Buhari’s administration into the international spotlight on allegations of fraud, bribery, corruption, human rights abuses, arbitrary arrests of journalists, assaults and killings of journalists in Nigeria allegedly perpetrated by Nigeria public office holders and politicians”.
