A Lagos High Court sitting in Osborne, Ikoyi, has struck out a ₦1 billion defamation lawsuit filed by Nollywood actress Iyabo Ojo against fellow actress Lizzy Anjorin, citing procedural defects.
Justice Olabisi Akinlade ruled that the suit was incompetent due to fundamental flaws in its originating processes. Consequently, the court awarded ₦500,000 in costs against Ojo’s lawyer, Olabimpe Ajegbomogun, in favour of Anjorin’s counsel, Barrister Ademola Olabiyi.
The case, registered as LD/ADR/5292/2023, sought ₦1 billion in damages over alleged defamation. However, Anjorin’s lawyer raised a preliminary objection, arguing that Ojo’s suit failed to comply with mandatory pre-action protocols outlined in the Lagos State High Court Civil Procedure Rules.
A major flaw identified was the omission of the lawyer’s signature on the Form 01 Statement of Compliance attached to the Writ of Summons, rendering the suit invalid. Additionally, the Writ itself did not conform to the court’s prescribed format and lacked proper endorsement of the reliefs sought.
The defence also pointed out that several documents in Ojo’s filings were unsigned, and the Writ attached to her counter-affidavit was merely an uncertified photocopy. A search of the court file on April 2, 2024, confirmed that the original Writ was not signed at filing.
In response, Ojo’s legal team argued that these were technical issues that could be rectified by amendment before the trial commenced. However, Justice Akinlade disagreed, holding that the failure to sign the originating process at the time of filing was a fundamental procedural error that invalidated the suit.
The court held that the certified copy obtained by Anjorin’s counsel confirmed the Writ was unsigned when filed and assigned.
