Sanya Ayeni, Esq. V. Navy Capt. Abimbola Adesina (2007)

LawGlobal-Hub Lead Judgment Report

MSHELIA, J.C.A.

This is an appeal against the decision of the Lagos State High Court sitting in Ikeja and delivered by Kekere-Ekun, J. on 2nd May, 2003, in suit No. ID/954/97 wherein, the learned trial Judge found in favour of the plaintiff/respondent in respect of his claims against the defendant/appellant.

The plaintiff before the lower court filed a 29 paragraph statement of claim and claimed from the defendant the following reliefs:-

(a) N1,00.00 (sic) (One million Naira) being general aggregated and exemplary damages for libel.

(b) An order directing/compelling the defendant herein to retract in writing all his said defamatory statements about the plaintiff to the Nigeria Police.

(c) A perpetual injunction restraining the defendant from further defamatory publication against the plaintiff.

Parties exchanged pleadings. At the trial the plaintiff testified in support of his case but did not call any witness. While defendant gave evidence and called one witness. The brief summary of plaintiff’s case as pleaded and testified to is that on 10th September, 1996 he and his friend one Mr. Kunle Oshingbesan went to Mr. Oshingbesan’s land outside Beckley Estate. On their way back they met the defendant and his workmen working on a different plot of land belonging to the defendant. Plaintiff stated that he inquired from the defendant what he was doing on the land. The inquiry sparked off a quarrel between them. He denied beating defendant. As a result defendant wrote a letter in form of a petition to the Commissioner of Police, Lagos State in connection with the incident, and copied same to him. The said letter or petition was admitted in evidence as exhibit ‘P1’. Plaintiff claimed that exhibit ‘P1’ contained defamatory statements, hence the action for libel.

Defendant on the other hand testified that while on his land with his workmen working, the plaintiff in an unruly manner asked him his mission on the land which belong to him. When the plaintiff asked him as to his interest plaintiff became abusive and beat him up, threatening to kill him for his effrontery to him. He then wrote a petition to Commissioner of Police, Lagos State copy of which was served on the plaintiff. He maintained that the content of exhibit ‘P1’ was what transpired between him and plaintiff on the date of the incident. Defendant put up defence of justification and qualified privilege. Parties at the close of defence case addressed the court on all the issues raised. The learned trial Judge after reviewing the evidence and submissions of counsel held that exhibit ‘P1’ (Petition) is libelous of the plaintiff and that the defences put forward by the

defendant did not avail him of liability. The learned trial Judge in a considered judgment at page 110 of the record stated as follows:-

“In conclusion the plaintiffs claim succeeds. Judgment is hereby entered in favour of the plaintiff as follows:-

1. The plaintiff is hereby awarded the sum of N250,000.00 against the defendant being general damages for the libel published of the plaintiff by the defendant contained in a letter dated 10th August, 1996 addressed to the Commissioner of Police, Lagos State.
2. The defendant is hereby ordered to retract in writing the said defamatory statements made about the plaintiff to the Nigeria Police as contained in his letter dated 10th August, 1996.

The defendant shall retract the said statements not later than 7 days from today.

3. I hereby make an order of perpetual injunction restraining the defendant from making any further defamatory publications against the plaintiff.”

Being dissatisfied with the judgment, the defendant filed a notice of appeal dated 5th day of May, 2003 with 6 (six) grounds of appeal.

See pages 129 to 133 of the record of appeal. The defendant (hereinafter) referred to as appellant filed his brief of argument on 30th June, 2004. Plaintiff (hereinafter) referred to as respondent also filed respondents brief dated 4th April, 2005 and filed on 5th April, 2005.

When the appeal came up for hearing on 16th November, 2006, appellant appeared in person and argued his appeal. He adopted his brief of argument. Appellant cited additional authority. See Seismograph Service (Nig.) Ltd. v. Chief Keke Ogbenegweke Eyuafe (1976) 9 & 10 SC 135 and Nziwu v. Onuorah (2002) 4 NWLR (Pt. 756) 22 at 27 para. F-4.