African Newspapers Of Nigeria PLC & Anor V. Lt. Gen. Jeremiah Useni (Rtd) (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

In the High Court of Lagos State, at the Lagos Judicial Division in suit no. LD/805/2004, the claimant now the Respondent claimed against the Defendants now the appellants jointly and severally in paragraph 17 of his further amended statement of claim as follows:

“17. WHEREOF the Claimant Claims against the 1st and 2nd Defendants jointly and severally as follows:-

i. A DECLARATION that the publication captioned “COUP – Malu, Useni and Magashi arrested” at pages 1 and 4 of the Nigerian Tribune No. 13, 346 of Monday the 15th day of April, 2004 is libellous and has discredited and damaged the reputation of the Claimant in the eyes of the general public.

ii. N1 billion (one Billion Naira) being damages against the Defendants jointly and severally for the libellous and mendacious publication of and concerning the Claimant.

iii. Cost of Litigation”

THE FACTS:

In the Tribune Newspaper of 5th April, 2004 the Appellants published an article captioned “Coup – Malu, Useni, Magashi Arrested”. The Respondent through his counsel wrote a letter dated 5th April, 2004 to the Appellants complaining that the contents of the publication was false and sought both a retraction and an unreserved apology on account thereof.

The Appellants did not reply the letter. The Respondent then instituted a suit at the High Court of Lagos State. The Respondent’s case was that the publication of 5th April, 2004 was false and that same painted him in bad light to the general public on account of the criminal allegation imputed to him in the libellous publication.

The Respondent contended in his pleading and through evidence led that the Appellants knew or ought to have known at the time of the publication that the facts contained therein are false or at the least unsustainable, same having been expressly denied by the official spokes person of the president of the Federal Republic of Nigeria.

In their defence, the Appellants relied on the defence of fair comments and qualified privilege. They claimed that being a publishing outfit, they had a duty to disseminate information to the general public.

The Respondent in proof of his case called five witnesses CW1 – CW5. Three exhibits were tendered. The Respondent through his witnesses categorically denied being involved in a coup and stated that the said publication was false. They also testified that the Respondent found it extremely difficult to purchase a copy of the newspaper as same had been sold out, transmitting to enormous financial gain to the Appellants.

The Appellants called one witness DW1 who acknowledged being the author of the libellous publication and who identified Exhibits DF1, DF2, DF3 and DF4 which are publications of the Vanguard Newspaper of the 1st, 2nd, 3rd and 4th of April, 2004 wherein the presidential spokesperson denied the existence of a coup and these publications predate the Tribune publication of the 5th of April, 2004.

The learned trial Judge Taiwo, J. in his judgment delivered on the 2nd day of December, 2009 found the Appellants liable jointly and severally for the libellous publication concerning the Respondent and accordingly awarded him damages in the sum of N10 Million.