Court Dismisses Motion to Remove Second Defendant in ATBU Defamation Case
By Abdulwahab Muhammad , Bauchi
A Bauchi State High Court, presided over by Justice Lamido Kabir Umar, has dismissed a motion seeking to strike out the name of Kamila Rufa’i Aliyu from a defamation suit filed by Dr. Usman Mohammed Aliyu, a lecturer at Abubakar Tafawa Balewa University (ATBU).
Dr. Aliyu had filed a lawsuit against the Head of the Chemical Engineering Department, Professor Kabiru, and Kamila Rufa’i Aliyu, alleging defamation of character. The dispute stems from a petition written by Kamila’s husband, Alhaji Ja’afaru Buba, accusing Dr. Aliyu of sexual harassment.
Defense Argument for Removal
Kamila’s legal counsel, Barrister Sani Mohammed, argued that there was no specific action in the suit directly linking her to defamation.
"We filed an application to strike out her name because the case did not disclose any cause of action against her. The defamation claim is based on a petition she wrote to the Vice-Chancellor, which was later shared on a WhatsApp group. However, there is no evidence proving that she personally posted it," he argued.
According to him, since no direct participation in the alleged defamation was proven, Kamila’s name should be removed from the lawsuit.
Plaintiff’s Objection
However, the counsel for the complainant, Barrister Nasiru Ilelah, objected, stating that the defamation claim is rooted in the petition Kamila wrote, which triggered reputational damage to Dr. Aliyu.
After reviewing both arguments, Justice Lamido ruled that the affidavit evidence, particularly in paragraphs 9, 10, and 11 of the plaintiff’s submission, established a valid cause of action against Kamila. Consequently, the court dismissed the motion to remove her from the case.
The judge further stated that any dissatisfied party has the right to appeal the ruling within 90 days. The case has been adjourned for a full hearing.
Background of the Case
The legal battle began when Alhaji Ja’afaru Buba, Kamila’s husband, petitioned ATBU authorities, alleging that Dr. Aliyu had sexually harassed his wife, a postgraduate student in the Chemical Engineering Department. According to the petition, Dr. Aliyu persistently invited Kamila to his office and sent inappropriate WhatsApp messages despite knowing she was married.
The petition further claimed that after Kamila resisted his advances, Dr. Aliyu allegedly threatened to fail her. The complaint was submitted to the Vice-Chancellor, the Head of the Chemical Engineering Department, and the Independent Corrupt Practices Commission (ICPC) for investigation.
Following this, Dr. Aliyu responded by filing a defamation lawsuit, arguing that the accusations had damaged his reputation.
As the case proceeds to a full hearing, all eyes will be on the court’s handling of this sensitive matter.
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