Vanguard Media Limited & Ors V. Otunba Adebiyi O. Olafisoye (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the final judgment of the Lagos High Court delivered on the 18th July, 2008, wherein judgment was given in favour of the respondent/claimant.

The action was commenced by the Respondent/Claimant against the Appellants/Defendants by a writ of summons dated 19th July, 2002 and a statement of claim dated 8th day of July, 2002. In the writ of summons and the statement of claim the Respondent/Plaintiff at pages 77 and 78 of the record claimed against the defendants jointly and severally as follows:-

“(a) The sum of N100, 000, 000.00 (one Hundred Million Naira) being general damages suffered by the plaintiff on account of the malicious and libelous publication by the Defendants of an Article captioned; “This man could commit murder” in the 8th July 2001 edition of the Sunday Vanguard, which was widely and extensively sold and distributed all over Nigeria, overseas and more particularly in Lagos within the jurisdiction of this Honourable Court;

(b) The sum of N100, 000, 000.00 (one Hundred Million Naira) being damages for the libel of the plaintiff by the malicious And false publication by the defendants of an Article captioned: “so, ignorance is expensive!” in the 19th August 2001 edition of the Sunday Vanguard, which was widely and extensively distributed and sold all over Nigeria and overseas and more particularly within the jurisdiction of this Honourable court.

(c) The sum of N100, 000, 000.00 (one Hundred Million Naira) being aggravated damages for the repeated publication of libel against the plaintiff by the defendants.

(d) An order of perpetual injunction restraining the defendants, their servants, agents or privies from further writing, printing, publishing or causing to be written, printed or published the aforesaid Articles or words used therein or similar words defamatory of the plaintiff.

The said writ of summons and statement of claim were however amended pursuant to the order of court and consequent upon which an amended writ of summons and an amended statement of claim containing reliefs as in the earlier writ of summons dated 19th July, 2002 and the statement of claim dated 8th July 2002 were filed accordingly. Pages 71,-78 of the record of appeal are in evidence.

In response to the claims of the Respondent/Claimant, the 1st Defendant through her solicitors filed a statement of defence and counter-claim, dated 13th September 2002 vide pages 88-92 of the record of appeal. An amended statement of defence and counter claim dated 18th November 2002were also later filed as shown at pages 93-92 of the record of appeal.

The respondent/claimant in response to the amended statement of defence filed a Reply and a Defence to the counter claim dated 3rd February 2003 as shown also at pages 108 – 109 of the record of appeal.

Trial commenced on 15/3/06. In the course of the evidence in chief of claimant and after three witnesses had given evidence, defence counsel approached the court for settlement out of court in 2006 as evidenced at paragraphs 4-5 of page 158 of the Record. The settlement however broke down and the parties had to return to court and the trial ended on 22nd January 2008.

The Respondent/Claimants’ case during the trial was that the Defendant/Appellants libeled him by publishing in the 8/7/01 and 19/8/01 editions of the Sunday Vanguard Articles that described him as insane, a murderer who could kill. The claimant stated that the defendant libeled him when the 4th defendant/appellant published in his “voice of reason” column of 8th July 2001 the words:-

“There is this thing about the rabid dog: it usually runs muck and when it does, it can be very dangerous. Anyone it bites stands the risk of being infected with rabies, which I understand is a very life-threatening disease except immediate treatment is available. It was with trepidation that I read in the papers that Adebuyi Olafisoye, super-rich Managing Director of Fidelity Bond of Nigeria “runs muck, attacks Vanguard staff.”

I understand rabies attack the nervous system and running muck is an indication of the ill-health of the nervous system. It can be temporary insanity.