Ezenwa Onwuzuruike V Damian Edoziem & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

On the 22nd day of August, 1997, appellant, as plaintiff caused a writ of summons to be issued against the respondents in which was endorsed the fallowing PARTICULARS OF CLAIM:

“(1) By a letter signed and addressed to the Area Commander Nigerian Police Owerri, Imo State dated 23/6/47, the Defendants published as concerning the plaintiff and his son as fallows:-

“These young criminals led by Uchenna take off for operation from Ezenwa compound. They also share their boom in the same place. Ezenwa also see to their release whenever they are caught. He often threatens to kill anybody who might have a hand in the death of his criminal son. He is also highly involved in Court practice…… Upon return from Police custody Ezenwa ordered his son to kill a number of persons of Umulede suspected by him to have petitioned for his arrest…”

Photostat copy of the said letter is exhibited as Exhibit “D”.

(2) The meaning of the above cited passage is that the plaintiff is a criminal to wit; a conspirator conspiring with others who engage in robber (sic), thereby aiding and abetting robbery, compounding the felony of

1 robbery by assuring the release of robbery suspects, threatening lives and plotting the murder of eminent persons in his community, and being a member of secret cult which they the society abhoves

(3) By the aforesaid publication, the Defendants have maliciously, falsely and deliberately defamed and disparaged our client, in a calculated attempt to ridicule the plaintiff and cast aspersion on him in order to debase, cast aspersion on him and lower his estimation and substance in the eyes of right thinking Nigerians and more precisely the Area Commander N.P.F. Owerri and his officers.

(4) That fallowing the above stated libelous publication, the Area Commander NPF Owerri, arrested and detained the plaintiff at Area Commander’s Office for seven hours and was later released on bail.

(5) WHEREFORE the plaintiff claims against the Defendants jointly and severally as follows:-

(a) An unqualified apology

(b) A retraction of the said publication

(c) Two million naira (N2m) general damages for the libelous publication unlawful arrest and unlawful detention of the plaintiff for seven hours at the Area Commander’s Office.”

Pleadings were duly filed and exchanged by the parties and