A Lagos High Court sitting in Osborne, Ikoyi, has thrown out a ₦1 billion defamation suit filed by Nollywood actress Iyabo Ojo against fellow actress Lizzy Anjorin.
Justice Olabisi Akinlade dismissed the case, citing procedural irregularities and a major flaw in the originating court documents. The judge further ordered Ojo’s legal representative, Dr. Olabimpe Ajegbomogun, to pay ₦500,000 in costs to Anjorin’s lawyer, Barrister Ademola Olabiyi.
The case, with suit number LD/ADR/5292/2023, was filed by Ojo who sought ₦1 billion in damages for alleged defamation. However, Anjorin’s counsel raised a preliminary objection, pointing out that Ojo’s suit did not meet the mandatory pre-action protocols outlined in the Lagos State High Court Civil Procedure Rules.
One of the major issues highlighted was that the Statement of Compliance with Pre-Action Protocol (Form 01) submitted alongside the Writ of Summons was not signed by Ojo’s lawyer. Olabiyi argued this rendered the entire suit invalid. He also noted that the Writ failed to follow the court’s prescribed format and lacked clear endorsement of the reliefs being sought.
Additionally, the defence argued that some documents in the court file were unsigned and uncertified, casting doubt on their authenticity. Olabiyi told the court that a file inspection conducted on April 2, 2024, revealed the original Writ was unsigned, and the copy attached in the claimant’s counter-affidavit was merely a photocopy without certification.
Ojo’s lawyer responded that the procedural lapses did not undermine the core issues of the case and argued that any mistakes could be corrected before the trial. The lawyer insisted the Writ had indeed been signed.
Nonetheless, Justice Akinlade ruled that failing to sign the original Writ of Summons at the time of filing constituted a fundamental defect. She concluded that the certified copy obtained by the defence clearly showed the Writ was unsigned at the point of filing and assignment to the court, making the suit incompetent.