The Registered Trustees Of The Rosicrucian Order, Amorc (Nigeria) V. Henry O. Awoniyi & Ors (1994)

LawGlobal-Hub Lead Judgment Report

WALI, J.S.C.

The plaintiff took out a writ in the High Court of Cross-River State sitting at Calabar in which the following reliefs were claimed against the defendants.

“(a) N 10,000,000 (Ten Million Naira) aggravated damages for libel contained in the Defendants’ Journal styled: “Today’s Challenge” in March/April, 1984 and May/June, 1984 issues at pages 27 through 29 and 24 through 27 respectively being a serial article headed: “Rosicrucian Order (Amorc) (Bed-fellow with satanic, secret cults)”. The defendants published in the said issues of their Journal (which has a large circulation throughout Nigeria, West Africa and overseas), of and concerning the plaintiff, the words following, that is to say:

1. “One significant fact that came to light as a result of that fire incident is that the meeting place, “den”, of a confirmed secret society, Ogboni was conducive for Rosicrucians to hold their own meetings.
2. “Not only was the meeting place of sinister groups like Ogbonis and Odd Fellows conducive for Rosicrucians to hold their meetings, the aims and objectives of AMORC were also similar and compatible with those of Ogboni and the Odd Fellows. The extent and proof of their compatibility lay in the fact that the Rosicrucians tucked away their rare property and documents, as well as their choice volumes of correspondence in the den of the Ogbonis.”
3. “Do not be misled. AMORC is a secret society despite its frequent disclaimers that it is not”
4. “‘Considering ‘Mother’ in the Rosicrucian system, one cannot but ask some questions that erupt spontaneously.

Is this the forum for seeking job opportunities or for settling promotion matters Is this the occasion for a member, feeling cheated and revengeful towards a nonmember, to unburden his heart Is this the type of help that the ‘mother’ is supposed to seek the co-operation of the other members to render What is the difference between what obtains between ‘mother’ and the members on the one hand, and the lobbying that obtain in lodge meetings of other secret societies on the other One might object that there is nothing wrong with one making one’s need for a job or promotion known to other people. But there is everything wrong with going to a room with five doors locked with iron bars behind one to express one’s desires (voluntarily)”.

5. Astral projection is a wicked practice especially when the projection is aimed at a person in his sleeping state”
6. “Here again the reader should note that there is a third party, the ‘Cosmic Mind’ involved in astral projection.

Similarly, the vibrations are a non-objective source and not of the objective world. The source of all astral projection is definitely satanic”.

By reason of the premises the plaintiff has been greatly injured in its reputation and has suffered damage.

(b) Perpetual injunction restraining the defendants and each one of them whether by themselves or by their servants or agents from further writing, printing or circulating or causing to be written, printed or circulated or otherwise publishing of the plaintiff the said or any similar libel.”

Issues were joined by the defendants. Pleadings were ordered, filed and amended several times. At the trial both parties called a number of witnesses and several documents were tendered and received in evidence. At the end of the trial, in a reserved judgment by the learned trial Chief Judge, he found in favour of the plaintiff and granted the following reliefs against the defendants:-

“The plaintiff claimed general damages also. The principle involved in this claim is that where on a claim for general damages, the plaintiff establishes his legal entitlement to them, the court must still make its own assessment of the quantum of such general damages.

It is also stated that general damages is such that flows naturally from the defendants’ act. It need not be specifically pleaded. It arises by inference of law, and need not be proved by evidence. It suffices if it is generally assessed – Incar v. Benson (supra). The plaintiff has assessed its quantum of damages to be N2,000,000.00. In the light of the extent of the libel and the implied attempt to destroy not only the reputation of the plaintiff, Amorc and lower its image in the estimation of the public but to destroy the plaintiff out of existence, I am tempted to say that N2,000,000.00 is not sufficient compensation for the libel on the plaintiff – Amorc.

But times are hard even though this is no excuse for awarding the plaintiff less. It is the success of the plaintiff and not pecuniary gain that is likely to be important to it. The action was not to make money but to vindicate its good name in the society. Having found the defendants liable for the libel on the plaintiff, Amorc, I award N1,000,000.00 (One million Naira) to the plaintiff as general damages with N405.00 out of pocket expenses. The greater claim for special damages having not been proved I award N500.00 costs only.

The defendants and each one of the them are restrained by a perpetual injunction by themselves or by their servants or agents from further writing, printing, or circulating or causing to be written, printed or circulated or otherwise publishing of the plaintiff the said or any similar libel.”

Dissatisfied with the judgment of the trial court the defendants lodged an appeal against it to the Court of Appeal, Enugu Division. After all the necessary formalities for hearing the appeal were completed, the appeal was taken on 7th May 1990 when learned counsel on both sides adopted their briefs and made oral submissions in support. And in a considered majority judgment of that court (2 to 1) by Uwaifo, J.CA. he allowed the appeal and concluded –

“This appeal succeeds and is allowed. The judgment of the lower court together with the order for costs is hereby set aside. The action is dismissed. I award costs of N1,000.00 in the court below and N1,200.00 in this court to the appellants against the respondent.”