Alhaji K.A. Giwa V. S.A. Ajayi & Ors (1992)

LawGlobal-Hub Lead Judgment Report

UBAEZONU, J.C.A.

The appellant sued the four respondents for libel claiming N1,000,000 (One Million Naira) as damages. The appellant was at all material times to the action a civil servant as a controller of Low Housing Projects with the Lagos State Development and Property Corporation (hereinafter referred to as “the Corporation”). The respondents were staff and members of the Workers Union of the aforementioned corporation. The appellant’s cause of action is founded on the minutes of a joint meeting between the Management of the Corporation and the defendants’ union. The defendants represented their union. Paragraph 4 of the appellant’s statement of claim states as follows:-

“4. The plaintiff avers that by Minutes of the said meeting of Friday, 10th June, 1983, at 10.30a.m., the defendants falsely and maliciously published of concerning the plaintiff the words following, that is to say.
A HOUSE AT ISOLO: The union alleged that one of our staff bought a housing unit at Isolo, then put up a complete house within the housing unit using corporation’s material and labour. The union alleged further that the corporation Internal Audit Department went into the matter sometime ago to investigate, but nothing was heard of the result of the investigation. When the chairman asked the name of the staff concerned it was disclosed as Alhaji K.A. Giwa, the controller of low cost Housing projects.”

In their statement of defence (paragraph 6) the respondents pleaded that the averment in paragraph 4 of the statement of claim was “true in substance and in fact.” In paragraph 7(sic) of the statement of defence the respondents raised a defence of qualified privilege. They pleaded as follows:-

“The occasion of publication was an occasion of qualified privilege.

Particulars

1. The LSDPC is a corporation of the Lagos State Government and the employer of the plaintiff as well as the 1st, 2nd and 3rd Defendants.

2. The plaintiff belongs to the Management cadre of the LSDPC by virtue of his position as controller of Low Cost Housing Projects. While the 1st, 2nd and 3rd defendants are members of the Workers Union of the LSDPC, a unit of the NUPCE, a National Trade Union Body.

3. The NUPCE caters for the welfare of the class of workers to which 1st, 2nd and 3rd defendants belong and they are in fact officers of the LSDPC unit of the NUPCE. They hold the following offices:-
1st Defendant:- Chairman, LSDPC workers union and National Vice President NUPCE

2nd Defendant:- Vice-Chairman. LSDPC Workers union.

3rd Defendant:- Treasurer, LSDPC Workers union:

4. The 4th defendant is the Lagos State Secretary and Assistant General Secretary of the NUPCE.

5. The occasion at which the words complained was said to have been published was in the minutes of an official meeting of the LSDPC as a union represented by the defendants and presided over by the LSDPC’s chairman.

6. The topic under “A HOUSE AT ISOLO” complained of by the plaintiff was only one of the plaintiff was only one of the grievances discussed at the meeting. Grievances to which the union seeks solutions from the LSDPC.

7. The words complained of by the plaintiff was a fair information on matters of mutual interests to the union and the LSDPC.