A. C. Agonsi V. Chief Don Okwu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO OHO, J.C.A.: (Delivering the Leading Judgment)

In Suit No: HOG/68/2007 the Plaintiff’s Statement of Claim at Paragraphs 9 (1), (i) was endorsed with the Plaintiffs Claims as follows:

“Plaintiff further claims that the publication of the unfounded and sweeping allegations, words or expressions of fraud, wickedness, dishonesty, immorality, self enrichment and or outright stealing, of and concerning him, he (Plaintiff) has been greatly injured in his character, repute and estimation in the eyes of right thinking people of the world in that the Plaintiff has been exposed to public ridicule, reproach, opprobrium, odium and contempt and these defamatory words and expressions have no doubt embarrassed not only the Plaintiff but members of his family, friends and business associates irredeemably.

1. WHEREFORE the Plaintiff claims against the Defendant as follows;

(i) The sum of Fifty Million (N50,000,000.00) Naira being general damages for libel contained in the Defendant’s letter to the Panel investigating the non-payment of worker’s salaries at Adapalm (Nigeria) Limited, Ohaji on the

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Plaintiff.

(ii) A perpetual injunction restraining the Defendant by himself, his agents or privies from ever writing, publishing or circulating such libelous matter of and concerning him.

Pleadings were ordered and duly filed by both parties. The facts of the case as disclosed by the pleadings may be summarized from the view point of the Appellant as follow:

The Claimant commenced this action against the Defendant for an alleged libel contained in a document, a memorandum submitted to the panel set up by the Government of Imo State to investigate the non-payment of staff salaries of Adapalm; a parastatal of the Government of Imo State. When the trial of the suit commenced before IKPEAMA, J the Claimant sought to tender a photocopy of the said memorandum when the Defendant, who is Appellant in this Appeal, raised an objection to the admissibility of the document. That remained the position until the trial Judge was transferred to another Judicial Division from the Oguta Judicial Division. The suit eventually commenced de novo before a newly transferred Judge, ANUNIHU, J after amendments had been made to the pleadings of the parties. See pages

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110-125 of the Records of Appeal. Hearing of the matter resumed once again on the 25th day of June, 2012, when the Claimant called one Polycarp Attah as CW1 and the same photocopy of the memorandum was sought, once again to be tendered through the said witness. Learned Defense Counsel as he did before, objected to the admissibility of the document on the ground that the document sought to be tendered was a photocopy with no foundations having been laid for its admissibility. In addition, that even if such foundation was laid, that as a Public Document only a certified true copy of the original was admissible. The Learned Trial Judge in a considered Ruling on the 25-6-2012 dismissed the objection raised by Defendant and proceeded to admit the document as Exhibit A.

Dissatisfied with the decision of the learned trial Court, the Defendant, who is hereinafter referred to as the Appellant has appealed to this Court, vide his Notice of Appeal 25-7-2012. There are two (2) Grounds of Appeal which are hereby reproduced here as follows:

GROUNDS OF APPEAL:

1. ERROR IN LAW:

The Learned Trial Judge erred in law when he held as follows: