Ben Obi Nwabueze & Anor V. Justice Obi Okoye (1988)

LawGlobal-Hub Lead Judgment Report

G. O. AGBAJE, J.S.C. 

In the High Court of Justice of Anambra State of Nigeria. in the Enugu Judicial Division. Justice Obi-Okoye, as plaintiff, sued Ben Obi Nwabueze and Longman Nigeria Ltd., as defendants. claiming against them as follows as per the indorsements on the plaintiff’s writ of summons

“In chapter 18 and particularly at pages 438 to 440 of the book entitled “Nigeria’s Presidential Constitution 1979 – 1983″ written by the first defendant and published for him by the second defendant, the defendants falsely and maliciously published of and concerning the plaintiff words which in their ordinary and natural meanings are calculated to disparage the reputation of the plaintiff, hold him to contempt and ridicule, and lower him in the estimation of right thinking members of society generally. The said publication which was in connection with the election petition (suit No. HJ/127/83 John Kadiya v. Solomon Lar & Ors.) tried by the plaintiff is full of incorrect or distorted facts. (Full of the libel will be set out in the statement of claim).

The book which the defendants printed in thousands and sold to all and sundry including public institutions and university and public libraries, within Anambra State, throughout Nigeria and even overseas has been read by many persons within the area of sale too numerous to list.

Wherefore the plaintiff claims from the defendants jointly and severally-

(a) Two hundred thousand naira (200,000) general damages for the libel.

(b) An order for the defendants to deliver all the books to the court for destruction OR ALTERNATIVELY that the defendants expunge all references to the plaintiff in the said book.”

The defendants’ addresses for the purposes of effecting the service of the writ of summons on them are as follows, again, according to the writ of summons:-

“1st Defendant-

B.O. Nwabueze Esq.

Executive Director,

U.B.A. Ltd.,

97-105 Broad Street,

P.O. Box 2406, Lagos.