A. Ufua V. F. A. Eborieme (1993)

LawGlobal-Hub Lead Judgment Report

JOSEPH DIEKOLA OGUNDERE, J.C.A.

Before his Lordship J. A. Obi, J. at the Benin City High Court, the plaintiff a Senior Tutor at Edo College, Benin, now appellant brought an action in libel against the defendant a clergyman and educationist, now respondent, and in his Statement of Claim averred inter alia as follows:-

3. Plaintiff avers that on or about the 31st day of July 1983, the defendant falsely and maliciously wrote and caused to be published and published at page 8 of the Newspaper known as the “SUNDAY SUN” Vol. V. No. 28 of 31st July, 1983 a newspaper having wide circulation throughout Nigeria and outside Nigeria of and concerning the plaintiff the words following. That is to say:-

“‘the world knows the type of person Mr. & Mrs Ufua are. They are unscrupulous blackmailers, dirty liars, shameless, garrulous and canterkerous couple, if you had taken the trouble to see me, I would have put into your hands documents exposing the stinking antecedents of the lives of Mr & Mrs Ufua which would have made you shun them like plagues…………”

4. Plaintiff avers that the said words in their material and ordinary meaning are libellous and calculated to incite the public against the plaintiff and his wife.
5. Plaintiff avers further that by the publication of the said words the plaintiff has been greatly injured in his credit and reputation and been brought to scandal, odium, and contempt.
6. Plaintiff states that he did not authorize, nor did the publication to which the defendant was purportedly replying originate from the plaintiff.
7. The plaintiff avers further again that, because of the fact that he had no dealings with “SUNDAY SUN” at anytime, he had sued the editor of the newspaper in Suit No. B/28/87.
8. Whereof the plaintiff claims from the defendant the sum of N1,000,000.00 (One million Naira) for damages for libel.

The defendant in paragraphs 2 to 4 of his amended statement of defence admitted paragraph 3 of the statement of claim, that is the libellous words complained of and averred as follows:-

3. The defendant admits paragraph 3 of the statement of claim but he will contend, prove and conclusively establish at the trial that the said words were taken from one letter of 25/7/83 which he addressed to the Editor, Sunday Sun, Benin City in response to the front page publication in Vol. V No.26 of 17/7/83 of that Sunday newspaper captioned “CANON IN SEX SCANDAL.” Further to the said paragraph 3 of the statement of claim, the defendant will adduce credible and compelling evidence at the trial to prove the following facts, that is to say:-

(a) That as at 17/7/83, he was the Chairman of the Bendel State Teaching Service Commission, a body charged with the responsibility, among other things, of managing and controlling both primary and secondary schools in Bendel State of Nigeria including employment, payment and discipline of teachers in the said schools.

(b) That from the heading to, and body of, the said publication in the said Sunday Sun, it is clear beyond doubt that he is/was the person referred to.

(c) That it was the plaintiff who published or caused to be published the scandalous and defamatory words therein contained because all the offending and libellous words therein constitute the substance of the letter of 16/11/81 addressed by the plaintiff to him (the defendant)

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(e) That by a letter dated 15/9/82, the plaintiff tendered unreserved apology to the defendant in respect of the said letter of 16/11/81 which he, the plaintiff, wrote to him.

4. The defendant categorically denies paragraphs 4 and 5 of the statement of claim and the plaintiff will be put to the strictest proof of all his averments in the said paragraphs. Further to paragraphs 4 and 5 of the statement of claim, the defendant will contend at the trial of this action that even if this Honourable Court finds that the words complained of are defamatory, the defence of justification is open to him. In this regard, the defendant will aver and maintain at the trial of this action that in so far as the words complained of are allegations of fact, they are true in both substance and in fact and in so far as they are expressions of opinion, they will be shown at the trial to be fair comments made in good faith devoid of malice upon matters of public interest. In support of the foregoing, the defendant will tender incontrovertible evidence to establish at the trial that with the knowledge and tacit or covert approval of the plaintiff, his wife, Mrs Grace O. Ufua, used a forged Teachers Grade two Certificate (T.C. II) to claim large sums by way of arrears of salaries from the Teaching Service Commission which was then under his chairmanship. In further proof that the plaintiff and his wife have neither good reputation and, or integrity ………………………..
5. With respect to paragraph 6 of the Statement of Claim, the defendant will lead unchallengeable evidence at the trial to show that the source of the materials in the malicious and false publication of and concerning him in the Sunday Sun of 17/7/83 was the plaintiff. As has already been shown in this statement of defence, the substance of the said publication was lifted from the letter of 16/11/81, which the plaintiff addressed to the defendant from Cardiff, South Wales. In any event, the defendant will establish at the trial by cogent and credible evidence that he was not and indeed could not have been the source of the publication of 17/7/83, which was and still is very damaging to his reputation, integrity and credit and where he was held up to public ridicule, odium, disgrace and shame, especially as he is a PRIEST whose duty, inter alia, is to set good example in morals and morality.”

The defendant in the said Statement of Defence counter-claimed as follows:-

8. In the Sunday Sun Vol. V. No. 26. of 17/7/83 under the heading “CANON IN SEX SCANDAL the plaintiff maliciously and falsely published of an concerning the defendant, the following words, that is to say:-

“THE GREATEST sex scandal of the century will soon rock the Ministry of Education in Bendel State. The scandal involves a Reverend Canon and a Grade II teacher under his supervision.:

“Many documents which featured in the sex scandal are already available to the SUNDAY SUN………………………………”Our reporter said, when the scandal is wripped off, a very prominent educationist will be the central figure.

“This, he reported, was as a result of a letter of protest dated November 16, 1981 written by the husband of the Grade Two teacher.

“At the time of the scandal, the husband of the grade two teacher, we of the SUNDAY SUN chose to call