29/10/2025
Sule vs Gundu: Prof. Zacharys Gundu’s Legal Team Challenges Court’s Jurisdiction
The legal team representing Professor Zacharys Anger Gundu has filed a Motion on Notice at the High Court of the Federal Capital Territory, Abuja, seeking the dismissal or striking out of the suit instituted against him by the Government of Nasarawa State and Governor Abdullahi A. Sule.
The motion, filed on Tuesday by Professor Sebastine Hon, SAN, on behalf of Prof. Gundu, challenges the jurisdiction of the court and describes the case as an abuse of judicial process.
In the motion filed in Suit No. FCT/HC/CV/3554/2025, the defence is asking the court to strike out paragraphs 10–12 and 16–35 of the Claimants’ Statement of Claim for disclosing no reasonable cause of action in favour of the first claimant — the Government of Nasarawa State — and for being frivolous, vexatious, and constituting an abuse of process.
The defendant further seeks an order dismissing or striking out the entire suit for want of jurisdiction and any other order the court may deem fit.
In an affidavit deposed to by Martin Luter Akawe, Chief Litigation Secretary at S.T. Hon (SAN) & Co., the defence argued that the writ of summons filed by the claimants failed to comply with court rules. The affidavit also stated that nothing in the originating processes suggested that the first claimant, the Government of Nasarawa State, was defamed by Prof. Gundu.
According to the motion, the reliefs sought in the statement of claim were made jointly by the claimants, even though the alleged defamatory statements mentioned only Governor Sule and not the Nasarawa State Government. The motion further argued that “Nasarawa State,” as defined by the Constitution, is not synonymous with “Government of Nasarawa State,” and that joining the two claimants in a single suit amounts to a legal irregularity.
“The combination of a Plaintiff/Claimant who has a cause of action with another Plaintiff/Claimant who has no cause of action and the claiming of reliefs in that suit for their joint benefit is unknown to law,” the motion read in part, adding that such action constitutes an abuse of court process.
The case, which pits the Nasarawa State Government and its Governor against Prof. Zacharys Gundu, stems from alleged defamatory remarks reportedly made by the defendant. The defence team maintains that the inclusion of the state government as a co-claimant renders the suit incompetent and unsustainable in law.
The court is expected to fix a date for hearing the motion.