Court Declines NDLEA’s Request to Strike Out Ekiti-Born Sales Rep’s Suit Against the Agency

A Cross River State High Court sitting in Calabar has refused a motion by the National Drug Law Enforcement Agency (NDLEA) seeking to strike out a defamation case filed against it by a sales representative of Drugfield Pharmaceutical, Prince Fajulugbe Adeshola Temitayo.

Counsel to the defendant, C. F. Iyoyo, had filed a preliminary objection, arguing that the case was statute-barred and therefore should not proceed.

Delivering a ruling on Wednesday, Justice Bassey T. Ebuta held that the objection would be considered alongside the substantive case when the matter is heard on its merits.

“The decision will be taken at the conclusion of the hearing of the case. If the objection succeeds, it will dispose of the matter. The case shall therefore proceed to hearing.”

In his preliminary objection, Iyoyo argued that the action that led to the suit occurred on October 1, 2023, and that the three-month period allowed for filing a suit against a public officer had elapsed, rendering the case stale and unenforceable.

He contended that the suit was statute-barred and that the publication of Fajulugbe Adeshola’s image under the headline “Wanted Kingpin” fell within the scope of its statutory duties and was made in good faith to inform the public, as empowered by its establishing Act, even though Mr. Adeshola, a Sales Representative of Drugfield Pharmaceutical Limited, had already been cleared of any wrongdoing.

He further contended that the actions of the NDLEA were in line with the statutory duties of the agency and not malicious, fraudulent, or beyond its legal authority.

However, counsel to the claimant, E. E. Osim, opposed the objection, raising questions on whether the Public Officers Protection (POP) Act could shield a public officer who acted in breach of the 1999 Constitution or beyond his powers.

Osim argued that the POP Act does not protect public officers who violate the Constitution or other laws of the land. He therefore urged the court to dismiss the preliminary objection and allow the matter to proceed.

Following the ruling, Justice Ebuta adjourned the case to November 4, 2025, for the commencement of hearing.

The sales representative, through his counsel, E. E. Osim of Advocates Chambers, Calabar, filed the suit with case number HC/305/2024, alleging defamation of character by the NDLEA.

Prince Fajulugbe, who holds three master’s degrees, is seeking N500 million in damages, claiming that the NDLEA’s publication caused severe harm to his reputation and career.

According to the claimant, the controversy arose from an NDLEA publication on October 1, 2023, which branded him a “drug peddler.”

He alleged that the agency linked his name and photograph with illicit drug activities under the headline: “Wanted Kingpin, Chadian, Grandpa Arrested Over London-Bound Shipment, 4 Tons of Drug.”

He lamented that the publication was widely circulated across various media platforms, thereby causing irreparable damage to his professional and personal image