Mr. Biodun Oduwole & Ors. V Prof. Tam David West (2010)

LAWGLOBAL HUB Lead Judgment Report

A. FABIYI, J.S.C.

This is an appeal against the decision of the Court of Appeal, Ibadan Division (hereafter referred to as ‘the court below) dated 3rd April, 2003 which upturned the decision of R. G. Oyetunde, J. of the High Court of Oyo State holden at Ibadan on 1st July, 1999.

The respondent, as plaintiff at the trial court, claimed the sum of N250 million as damages from the defendants jointly and severally for libel contained in Nigerian Tribune of Monday, the 2nd day of September, 1996 in its editorial features column titled ‘ENOUGH OF DAVID WEST’.

Pleadings were filed and exchanged by the parties. After subsequent amendments of the pleadings by both sides of the divide, the plaintiff testified and called three other witnesses to buttress his case. The defendants rested their case on that of the plaintiff. Thereafter, the learned trial Judge was addressed by learned counsel to the parties. In a reserved judgment handed out on the 1st July, 1999 it was found that the plaintiff only proved allegation that he was sacked from the office of Minister of Petroleum which was false as he was deployed to Ministry of Mines and Power. The learned trial Judge then awarded the sum of N10,000.00 only as damages to the plaintiff.

The plaintiff felt unhappy with the sum awarded as damages by the trial court and appealed to the court below. The appeal was upheld on the quantum of damages. The award of N10,000.00 made by the trial court was set aside. The same was substituted with an award of N300,000.00 only.

The defendants were dissatisfied with the stance posed by the learned justices of the court below and have appealed to this court. Briefs of argument were filed on behalf of the parties herein.

The two issues formulated on behalf of the appellants for determination in this appeal read as follows:-

“(i) Whether the learned justices of the Court of Appeal were right in interfering with the damages awarded by the learned trial judge.

(ii) Whether the sum of three hundred thousand Naira awarded by the lower court was not manifestly high or excessive in the circumstances.”

In the same fashion, two issues were also decoded on behalf of the respondent. They read as follows:-

“(1) Whether the learned justices of the Court of Appeal correctly applied the legal principles when they disturbed the damages awarded by the learned trial judge.

(2) Whether the sum of N300,000.00 awarded by the Court of Appeal was manifestly high or excessive.”

Arguing issue 1, learned counsel for the appellants submitted that assessment of damages is peculiarly within the province of the jury in an action for libel and an award would seldom be disturbed on the ground that the damages are either too great or too small. He referred to Gatley on Libel and Slander, 8th Edition, Art 1515, 1522 and also cited the cases of Onwu v. Nka (1996) 7 NWLR (Pt.458) 1 and Ojini v. Ogooluwa Motors Ltd. (1998) 1 NWLR (Pt. 534) 353.

Learned counsel submitted that the reasons advanced by the court below for holding that there existed aggravating circumstances and which made it disturb the damages awarded by the trial court were wrong in law. He observed that the trial court considered the respondent’s reputation as an astute social figure when it considered quantum of damages. He felt that the fact of P.W.4 being upset and embarrassed by the publication is relevant only to the extent that it established that the publication was in fact defamatory of the respondent and has no relevance in respect of quantum of damages. Learned counsel asserted that a party is not expected in law of libel to retract and apologise for the truth. He opined that if the court below had adverted to the situation, it would not have treated the refusal of the appellants to retract as capable of aggravating the damages awardable in this matter.