African Newspapers of Nigeria Limited v. F. C. O. Coker (1973)

LawGlobal-Hub Lead Judgment Report

UDOMA, J.S.C.

This is an appeal by the defendants in a libel suit wherein judgment was entered for the plaintiff therein. The appeal is against the judgment of the High Court of Lagos State in suit No. LD/90/69 in which the claim of the plaintiff against the defendants was for a total sum of 25,000 pounds damages for defamatory words falsely and maliciously published by the defendants of and concerning the plaintiff (and also of the plaintiff in the way of his profession and office) in the issues of the daily newspaper known as Nigerian Tribune on the dates and under the captions hereunder appearing as specified in the particulars endorsed on the writ of summons.

Pleadings, having been ordered, were duly filed and delivered.

In his statement of claim, the plaintiff averred that he is and was at all material times the Permanent Secretary, Ministry of Finance in the Government of Lagos State, having formerly held office as City Treasurer of the Lagos City Council; that the defendants are printers and publishers of the daily newspaper known as the Nigerian Tribune, which has a wide circulation throughout Nigeria; that the Nigerian Tribune aforesaid on 5th February, 1969 and 11th February, 1969 respectively printed and published:

(a) of and concerning the plaintiff; and

(b) also of the said plaintiff in the way of his aforementioned offices;

the words complained of, to wit: “The Devils Advocate”

“The Nigerian Tribune hopes that the Governor of Lagos State, Colonel Mobolaji Johnson, will not be comforted by the attempt made yesterday by the Morning Post to defend the indefensible.

The Morning Post says, first of all, that any Government is free to accept or reject the findings of a Commission of Inquiry. The answer to this is, of course, that neither the Federal Military Government nor the Lagos State Government has rejected the Saville Tribunal Report. In fact, Governor Johnson’s own contention at his press conference was that the Federal Government had already probed the assets of Mr. F. C. O. Coker as required by the Tribunal but that the inquiry was conducted in secret. AND WHAT WE SAY IS THAT THE INQUIRY SHOULD NOT HAVE BEEN SECRET.

SECONDLY, the Morning Post accuses us of carrying our ‘vile and vicious campaign against the Lagos State Government’. We are quite certain that Governor Johnson knows much better. HE KNOWS THAT THIS CAMPAIGN ON WHICH WE HAVE EMBARKED IS NEITHER VILE NOR VICIOUS AND THAT IT IS A CAMPAIGN AGAINST CORRUPTION NOT AGAINST ANY PARTICULAR GOVERNMENT OF THE FEDERATION.

THIRDLY, the Morning Post calls us hypocrites because ‘the Saville Commission of Inquiry definitely opposed the appointment of Mr. Fashinro as the Town Clerk of the Lagos City Council and inspite of this Mr. Fashinro is now the Town Clerk’, THERE IS NO PARALLEL BETWEEN MR. COKER AND MR. FASHINRO. MR. FASHINRO WAS NOT FOUND GUILTY OF ANY ACT OF CORRUPTION BY THE TRIBUNAL. The Tribunal did not oppose the appointment of Mr. Fashinro as Town Clerk. What the Tribunal recommended is that in the event of Messrs Mayaki and Coker being removed from the Council their deputies should not be made to act for them because of the division among the Council’s Staff.

How can anyone honestly argue that because Mr. Fashinro was appointed Town Clerk, therefore, Mr. Coker should remain Permanent Secretary

Governor Johnson should take it that the fact that he is being defended by the Morning Post is conclusive proof that he is in the wrong. The Post defended the late civilian regime until they were wiped off. And as soon as they were no more, the Post was among the first newspapers to condemn them without any compunction or reservation. Governor Johnson should draw his own conclusions.” and

“WAR AGAINST CORRUPTION: GOVERNMENT PAPERS MUST SPEAK UP”.