Air Vice Marshal Victor C. Akiti V. Punch Nigeria Limited & Ors. (2009)

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BABA ALKALI BA’ABA, J.C.A

This is an appeal against the judgment of the Kaduna State High Court of Justice, Kaduna Judicial Division delivered on the 30th day of November, 2004.

The appellant by his paragraph 15 of his statement of claim, claimed as follows:-

“WHEREOF the Plaintiff claims against the Defendants jointly and severally as follows:-

(a) A Declaration that the words complained of, published by the Defendants of and concerning the Plaintiffs are defamatory of the Plaintiff.

(b) An Order of permanent injunction restraining the Defendants either by themselves or through their servants, agents, proxies or howsoever from any further publication of the words complained of or any similar libelous words about the Plaintiff.

(c) The sum of N10,000,000.00 (Ten Million Naira) only being exemplary and/or aggravated general damages for libel.”

Pleadings were filed and exchanged by the parties.

The background facts leading to this appeal as gathered from the statement of claim briefly are as follows:

The appellant who was the plaintiff at the lower court, was a two star General in the Nigeria Airforce (NAF) and was at the material time, the Air Officer Personnel (A.O.P.) at the Defence Headquarters, Lagos. The appellant has served in various capacities in the Air Force, and in recognition of his meritorious services, he is the recipient of several awards, decorations and medals including the National Award of Commander of the Order of the Niger (C.O.N.).

The 1st respondent is a Lagos based Limited Liability Company and a registered print media house and the proprietor and publisher of THE PUNCH NEWSPAPER amongst other newspaper titled. The 2nd respondent was at the material time the Editor of THE PUNCH NEWSPAPER while the 3rd respondent was the Kaduna State reporter/correspondent of the said PUNCH NEWSPAPER. THE PUNCH which is published by the 1st respondent is a daily Newspaper which has a large circulation all over the world, Nigeria generally and Lagos State in particular (including Lagos Island) where the appellant resides and/or is carrying on his duties as a Two Star General in the Nigeria Airforce. The appellant avers that on the 31st day of July, 1998 at the back page of the PUNCH (VOL. 17, No. 17, 482) under the captioned “AIRFORCE SUED OVER ILLEGAL DETENTION” the respondents falsely and maliciously published or caused to be published, of, and concerning the plaintiff the following story/words:-

“THE Nigerian Airforce (NAF) has been dragged to the Federal High Court, Kaduna, over the illegal detention of some civilians in Jos and Lagos, in connection with the theft of N.4 million belonging to a Senior Air Force Officer. In the suit filed by the former Gongola State Military Governor, Colonel Yohanna Madaki (Rtd), on behalf of Esther Azi and Joy Ede, the Court heard that on April 28, 1998 an Air Force Personnel at NAF Headquarters, Lagos, AVM Victor Akiti, ordered the arrest of the Plaintiffs without resort to the due process of law.

According to the charges, AVM Akiti, who presided over the court marshal of nine Air Force Officers for fraud in 1996 was accused of illegally detaining Esther azi the fiancee of his orderly Mr. Ejike Oneli, following his inability to arrest his orderly for the alleged theft of N.4 million from his car boot.

Colonel Madaki prayed the court to award the sum of N3.7 million against the NAF, AVM Akiti and the Attorney-General of the Federation, as general and special damages to his clients jointly and severally, for indignity they suffered and for the violation of their rights in detention.