A Lagos High Court sitting in Ikeja, presided over by Justice Iyabo Akinkugbe, today granted an order of interlocutory injunction, stopping the African Independent Communication (AIT), from further airing a documentary on the national leader of the ruling All Progressives Congress (APC), Bola Ahmed Tinubu.IIt is recalled that the judge had on March 16, 2015 granted an interim order against the AIT, restraining it from further airing the documentary.
Delivering ruling on an application instituted by lawyer to the APC national leader, Chief Wole Olanipekun (SAN), Justice Akinkugbe declared that the interlocutory injunction will remain, pending the determination of the substantive N150 billion libel suit, initiated by Tinubu against Daar Communications Plc, owners of AIT.
The court maintained that the continued airing of the documentary titled "Lion of Bourdilion", would affect the res of the suit which was the reputation of the applicant.
The judge held that Tinubu cannot be adequately compensated if AIT is allowed to continue to broadcast the documentary which it started airing daily from March 1.
According to Justice Akinkugbe, "I hereby order an interlocutory injunction in this suit restraining the defendant from further airing, publishing or disseminating, broadcasting the documentary 'Lion of Bourdilion' which it started broadcasting on March 1, pending the determination of the substantive suit."
She subsequently adjourned the matter till April 16, 2015 for further direction.
It would be recalled, that Tinubu who was former governor of Lagos State had initiated the suit against AIT, alleging that a documentary broadcast by the station, entittled, 'Lion of Bourdillion' was libellous and aimed at tarnishing his image.
Specifically, the former governor through an ex-parte motion sought an order of interim injunction restraining AIT whether by itself, agents, privies and or other persons from producing or continuing to broadcast, airing, or continuing to reproduce the documentary.
The motion also sought to restrain the TV station from continuing the broadcast of the documentary, which it started airing on March 1st and had been repeating daily, pending the hearing and determination of the motion on notice dated March 5, 2015.
The APC national leader argued further that damages would not adequately compensate applicant/claimant if the ex-parte order was not granted and prayed that the rest of the suit may be extinguished if the ex-parte order was not granted.
The motion equally revealed that there was real, imminent and urgent threat and danger of continuing to decimate the person and integrity of Tinubu by AIT by continuing to air the “offensive” broadcast if the ex-parte motion was not granted.
In moving the application, Tinubu's lawyer, Chief Wole Olanipekun (SAN) prayed the court to grant the motion as the defendants, AIT stands to lose nothing by temporary stopping the broadcast of the contentious documentary pending the determination of the substantive suit.
The senior lawyer also stated that AIT's argument that most of the contents in the said documentary were already on various online publication was not an excuse to continue to broadcast the document.
Chief Olanipekun equally informed the court that the television station's position that the said documentary was a sponsored advertorial was also not an excuse to further continue the broadcast which has become a subject of litigation.
The SAN noted that AIT cannot continue to make money at the expense of Tinubu who he claimed had never been convicted by any court of law either in Nigeria or abroad.
But responding, lawyer to AIT, Chief Mike Ozekhome (SAN), maintained that Tinubu's applicantion would not in anyway be prejudiced if the court chooses to make an order stopping the broadcast.
He also explained that the television station had since stopped the broadcast of the documentary immediately after the former governor filed the action.
The SAN contended that the issues contained in the documentary was already public knowledge as several website had already published similar facts.
Ozekhome further argued that since Tinubu had already demanded for N150billion as compensation which is the worth of his purported damaged integrity, it would not be wise to grant his prayer for interlocutory injunction restraining AIT from further broadcasting the documentary.
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