Fred Egbe V. Alhaji Abubakar Alhaji & Ors. (1990)

LawGlobal-Hub Lead Judgment Report

UWAIS, J.S.C. 

On the 20th day of December, 1978, the appellant brought an action for libel in the High Court of Lagos State against the respondents claiming, as per his amended writ of summons, as follows-

“The plaintiff’s claim against the defendants is for the sum of FIVE HUNDRED THOUSAND NAIRA (N500,000.00) being general and special damages suffered as a result of a conspiracy by the defendants and a libel of the plaintiff by the first and second defendants in a letter dated 21st March, 1978 addressed by the first and second defendants to the Inspector General of Police and repeated by the third defendant to the Commissioner of Police Department on 22nd day of March, 1978.”

The facts of this case, as gathered from the pleadings exchanged by the parties are simple. They are briefly thus. At the time material to this case the Federal Ministry of Trade was made responsible for insurance as a subject, negotiations began between the ministry and an insurance company called American International Insurance Company (Nigeria) Limited to enable the Federal Government to purchase some shares from the company, in addition to those that the Federal Government was previously holding. The plaintiff was the company’s legal adviser. Just before the negotiations to purchase the additional shares were completed, certain information came to the possession of the 1st respondent as permanent secretary to the Federal Ministry of Trade. The 3rd respondent, who was the legal adviser to the ministry, was instructed by the 1st respondent to write a letter to the 2nd respondent, who was then the Inspector General of Police, on the information received. The letter written by the 3rd respondent reads as follows-

FEDERAL MINISTRY OF TRADE,

LEGAL DIVISION,

LAGOS.

21st March, 1978.

The Inspector-General of Police,

Force Headquarters,

Moloney Street,

Lagos.

Report of Investigation into the Activities of American International Insurance Company (Nigeria) Limited (AIIC)

Further to this Ministry’s letter Ref. No. TS.526/Vol.2/315 of 9th March, 1978 on the subject captioned above, I am directed to bring to your attention an information divulged in confidence to the Permanent Secretary that AIIC sometime ago paid the sum of N450,000.00 to Mr. Fred Egbe on behalf of an estate agency company which sum was not guaranteed by any property, real or personal, and no document prepared to show the terms and conditions relating to payment.