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| Kasie Abone |
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| Emeka Abone |
By Okeke Obiadi
Anambra State High Court 2 sitting at Ogidi, Idemili North LGA of Anambra State has struck out a defamation suit filed by Vice Chairman of The Sun Newspapers, Rev. Emeka Abone against his elder brother's wife, Mrs Kasie Abone.
Emeka, who hails from Nnokwa, Idemili South Local Government Area, had dragged Kasie, a veteran journalist to the High Court since 2019 over alleged defamation, but on 25th January 2021, the matter was struck out only for it to be relisted by the same plaintiff (Rev, Abone) two years after (on February 16, 2023).
But when the case which has a suit no. HID/261/2019 came up before Justice Chukwudi Nwankwo of High Court 2 Ogidi on October 10th, 2023, it was dismissed, even as the plaintiff was asked to pay a cost of ₦100,000 to the defendant before any other step could be taken on the matter.
As a matter of fact, parties in the suit were absent, with no legal representation for the plaintiff but Christopher Oko, Esq stood in for the defendant (Kasie), and had informed the court that the matter was adjourned on record for PTC though the defendant was appealing the ruling of 16/02/2023 relisting the suit.
Emeka Abone, a former Slok Group Managing Director, had in the quashed suit, alleged that Kasie defamed his character at different fora, including a petition she filed against him before their village elders.
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| Okechukwu Abone and new wife, Amuche |
Kasie, wife of Mr Okechukwu Abone, an elder brother to Emeka Abone, had in a petition to Ikele Nnokwa (Elders Council), alleged that Emeka and others at different occasions accused her of using charms to hypnotise her husband into contracting a marriage relationship with her, burying charm at Obi Abone to tie 32 demons operating at Obi Abone that enables her to sleep at Obi Abone alone without fear even when the demons pursue Rev. Emeka Abone and his siblings as well as making charm to kill her husband's mistress and her son.
Those who are familiar with the case informed this reporter that following constant harassment, intimidation, threats and false allegations against kasie, she was compelled to petition the Elders Council, Nnokwa, a body responsible for adjudicating over matters relating to allegations of diabolism in the town to clear her name and prove her innocence.
It was learnt that rather than honour Elders Council invitation to prove his allegations against her, Emeka Abone rather instituted the now struck out case against Kasie at Ogidi High Court.
In her statement of defence filed through her counsel F. CHIJIOKE OKOLI (SAN) and CHUKWUEMEKA OZOALOR, ESQ. of Delphi Law Advisory of Ezeoguine Chambers, Kasie, who did not deny the content of her petition stated that the reason she petitioned against Emeka Abone and his siblings to Ikele Nnokwa (Elders Council), Obi Nnokwa was because "It is believed and according to the customs and traditions of Nnokwa that anyone who tells a lie before the Elders Council holding at Obi Nnokwa will die or suffer severe consequences. Consequently, the plaintiff (Emeka Abone) got scared of this petition because he realized he may not tell a lie before Elders Council without severe consequences and thus evaded the trial at the Elders Council."
Kasie admitted that she made some of the statements she was accused of 'in good faith' and they are the truth and nothing but the truth.
She stated that she made the statements in defence of years of continuous false allegations, insults to her person and her family, harassment and unwarranted attack against her by Emeka Abone and his siblings ever since she married their brother which they are not comfortable with because they saw her as an obstacle to dispossessing their elder brother, whom they see as unfit as first son, of his birthright.
"After the Defendant (Kasie)had gotten married to Okechukwu Abone and each time Okechukwu Abone went to visit his younger brother, the Plaintiff (Emeka), at his residence, he would return to tell kasie that Emeka still insists that he, Okechukwu Abone, should not have married kasie. That Emeka always encouraged the Kasie’s husband, Okechukwu Abone, to abandon or divorce her and get married to a younger lady.
"Further to the advice of Emeka to Okechukwu Abone, Okechukwu got into a relationship with one Juliet Amuche Okoro whom he committed adultery with on the advisement of the Plaintiff and his other siblings and aunt; i) When Juliet Amuche Okoro got pregnant for the Kasie's husband for the first time, because she was not aware that the Kasie's husband, Okechukwu Abone, was married, she insisted on aborting the pregnancy.
"But Emeka Abone persuaded her to leave the pregnancy with a promise to secure her a job and an accommodation but she refused and went ahead with the abortion. When Juliet Amuche Okoro got pregnant for Okechukwu Abone, the second time after convincing her that the family would send Kasie away, Emeka saw this as a perfect opportunity to encourage Okechukwu to abandon or divorce his wife.
Kasie further submitted in her defence that Emeka encouraged kasie's husband to relocate to the East with a promise of starting a business for him at Nnobi, to be close to his mistress whom they hid at their relations, Julie Ilodi's, house in Enugu, while abandoning his wife in Lagos.
She maintained that in one occasion when her husband sent her to Emeka to obtain loan from him to pay house rent, advised her not to pay for the house rent but leave her husband and look for a smaller apartment where she will live alone. That Emeka told her that her husband, Okechukwu, who is Emeka elder brother, can never amount to anything good in life.
Kasie claimed in her defense that anytime she made imputations which the Emeka considered slanderous but are in fact true, it has always been in reaction to the false allegations and rumors about kasie and her family being spread by Emeka and his wife, Azuka and his siblings; Joy Ezeagwu (Nee Abone), Adichie Abone and Nkoli Enyolu (Nee Abone)."
Our investigation reveal that the relisting of the suit may not be far from the determination of Emeka Abone and his siblings to frustrate kasie especially given that they had supported their brother, kasie's husband to properly marry his mistress, Juliet Amuche Okoro, even when the matter still subsists at Nnewi High Court.
However, it was learnt that though the plaintiff has right to relist the suit, but there is a permissible period within which this can be done.
In a notice of appeal cited by our reporter, dated March 1, 2023, and filed by kasie's councels, F. Chijioke Okoli (SAN) and Christopher Okoh, Esq of Delphi Law Advisory, at Court of Appeal, Awka Judiciary Division, seeking relief for an order for the relisting application in the lower court to be dismissed and consequentially affirming the striking out of the suit as earlier ordered on January 25, 2021.
The grounds for appeal include that the trial judge erred in law by entertaining in the first place much less granting, the plaintiffs application to relist the suit when he ought to have struck it out after two years from the purpoted January 26, 2021 date of filing the application; relying on Order 40, rule 3 of Anambra State High Court Rules, 2019 which provides that every application shall be served within 5 days of filing and within 7 days of the service, within stipulated period, the judge may strike out the application.
Other grounds include that the plaintiff failed to serve the defendant within stipulated time; that the trial judge misdirected himself in law by not adverting to the effect of the certainty of the prejudice of exhuming and harassing the defendant with the suit over two years after it was struck out, and who reasonably believed that it had been abandoned.