Court dismiss Iyabo Ojo’s suit against Lizzy Anjorin

A Lagos High Court sitting in Osborne, Ikoyi, has dismissed a ₦1 billion defamation lawsuit filed by Nollywood actress Iyabo Ojo against her colleague Lizzy Anjorin, citing fundamental procedural errors.

Justice Olabisi Akinlade ruled that the suit was incompetent due to flaws in the originating court documents, particularly the unsigned Writ of Summons. The court also awarded ₦500,000 in costs against Ojo’s legal team, directing her lawyer, Dr. Olabimpe Ajegbomogun, to pay the sum to Anjorin’s counsel, Barrister Ademola Olabiyi.

The suit, marked LD/ADR/5292/2023, was instituted by Ojo, who sought ₦1 billion in damages for alleged defamation. However, Anjorin’s lawyer filed a preliminary objection, pointing out that the suit failed to comply with mandatory pre-action protocols required by the Lagos State High Court Civil Procedure Rules.

Central to the objection was that the Statement of Compliance with Pre-Action Protocol (Form 01) attached to the Writ was not signed by Ojo’s lawyer. Additionally, Olabiyi argued that the Writ of Summons itself deviated from the format prescribed by the rules and did not properly state the reliefs being sought.

The defence further alleged that some documents in the case file were not signed or certified, casting doubt on their legitimacy. A court file inspection on April 2, 2024, reportedly revealed that the original Writ was unsigned, and the copy attached to Ojo’s counter-affidavit was merely an uncertified photocopy.

Ojo’s legal team attempted to downplay the objections, arguing that the errors were technical and could be corrected before trial. However, the court disagreed.

Justice Akinlade held that the unsigned Writ of Summons at the time of filing rendered the entire suit defective. She noted that the certified copy obtained by the defence confirmed that the document was unsigned when the case was submitted and assigned to the court.

With this ruling, the high-profile defamation suit between the two actresses has been formally dismissed.