Court postpones judgment in N500m suit against Metuh, wife

Justice Folashade Ojo of the High Court of the Federal Capital Territory (FCT), Abuja has postponed judgment in a N500million suit against Peoples Democratic Party (PDP) spokesman, Olisa Metuh, his wife, Kanayo and one of their aides, Oche Gambo.

The judge had, on March 10 this year, scheduled judgment for May 18 after parties adopted their final written addresses.

When parties got to court on Wednesday, the court’s Registrar announced that the judgment was not ready, but that parties would be informed when it was ready.

Metuh and others were sued in 2011, in the suit marked: FCT/HC/CV/4248/2011, by owners and some staff of a school formerly attended by Metuh’s son, Derrick – British Nigerian Academy, Abuja – for allegedly forcing themselves into the school premises on February 19, 2011 and assaulting two of the school’s staff for confiscating Derrick’s mobile telephone.

Metuh’s wife and son were said to have visited the woman’s nephew, Kamsi Aghaji (a student), when an official of the school, Miss. Amauche Igbe, who allegedly saw Derrick giving his phone to some students in the boys’ hostel , in violation of school rules (that no phone allowed in hostels) seized the phone.

The plaintiffs – British Nigerian Academy, Kola Pele and Hamzat Maftau – said, in an amended statement of claim, that on being unable to secure the release of her son’s phone, Kanayo allegedly invited her husband.

They stated that Metuh, “accompanied by armed mobile policemen, arrived at the school premises in a convoy of three black jeeps, all with head lamps on and the drivers navigating the vehicles dangerously with reckless abandon, almost colliding with some students, who were clearing up after visiting day and this drew the attention of many students, staff and some parents, who were leaving the school premises after visiting.

“The 1st defendant (Metuh) alighted from his vehicle at the entrance of the Sports Hall of the 1st plaintiff (the school) and demanded to see the 2nd plaintiff (Pele) and, upon locating the 2nd plaintiff, the 1st defendant demanded forcefully, that his son’s phone be returned to him with immediate effect, but the 2nd plaintiff refused to release the phone.

“The 1st defendant then proceeded to grab the throat of the 2nd plaintiff and started to hit him several times with the 3rd defendant (Gambo, Metuh’s bodyguard) joining in the assault in the presence of a large crowd of staff, students and parents, who looked on worrying and in great fear.

“The 1st defendant, on several occasions, threatened to kill the 2nd plaintiff if his son’s phone was not returned to him and boasted that even the Inspector General of Police (IGP) would do nothing about the situation.

“At one point, the 1st defendant and 3rd defendant even attempted to bundle the 2nd plaintiff into the 1st defendant’s car and but, for the intervention of the staff of the 1st plaintiff, who were at the scene they would have succeeded in doing so.

“The 3rd plaintiff tried to act as peacemaker in the scuffle and when attempting to pacify the 1st defendant, the 3rd defendant kicked the 3rd plaintiff, knocking him totally off balance and causing him to land on his head.

“The 1st defendant seized the 2nd plaintiff’s office keys and mobile phone and threatened not to return them until his son’s mobile phone was returned in exchange. It was only after several staff and parents pleaded with the 2nd plaintiff to return the phone for fear of serious injury and death being inflicted on him by the 1st and 3rd defendants that the 2nd plaintiff reluctantly returned Derrick’s phone to the 1st defendant,” the plaintiffs said.

They argued that the actions of the 1st and 3rd defendants “undermined the right of staff of the 1st plaintiff to work in a safe and secure environment without fear and intimidation from any quarters.”

The plaintiffs want the court to award N500million damages against the defendants (N150m in special and general damages for assault, harassment, intimidation, mental pain, severe humiliation and injury to the person and personal integrity of Pele and Maftau, N100m for exemplary damages for trespass and unlawful entry into the school premises and N250m aggravated damages for grave injury caused to the commercial reputation and protective integrity of the school.)

They also seek declaration that the actions of defendants on February 19, 2011 at the school amounted to trespass and unlawful entry to the plaintiffs’ school premises.

Metuh and his wife denied the plaintiffs’ allegation and urged the court to dismiss the suit on the ground that the claims are frivolous and vindictive.

Metuh admitted being informed of the seizure of his son’s phone by his wife, but denied forcefully invading the school premises with armed security personnel, who drove recklessly, as alleged by the plaintiffs.

“The 1st defendant never made forceful demand of his son’s mobile phone and never grabbed the throat of the 2nd plaintiff and never knocked him. The 1st defendant and 3rd defendant (whoever he may be) never attempted to bundle the 2dn plaintiff into the boot of the 1st defendant’s car and could not have done so.

“The 3rd plaintiff tried to pacify the 1st defendant because he knew that the 2nd plaintiff had been most unreasonable but nobody kicked him and knocked him off balance. The 1st defendant never seized any key or mobile phone belonging to the 2nd plaintiff or anybody,” the defendants said in their statement of defence.