Alhaji A.r. Sule & Ors V. Mr. J. Orisajimi (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Ilorin Division delivered on 5th January, 2006 in respect of an appeal filed by the Appellant against the judgment of the trial Court dated 2nd April, 2004. The Court of Appeal dismissed the appeal and confirmed the judgment of the trial Court. Still being dissatisfied, the Appellant filed the instant appeal vide a Notice of Appeal dated 22nd February, 2006.

SUMMARY OF FACTS:

The Respondent commenced this suit by a Writ of Summons dated 30th December 1999 claiming One Million Naira (N1,000,000.00) damages for alleged libel committed by publication in a document dated 18th August, 1997. The case of the Respondent was that he was employed by the 3rd Appellant in 1992 as a Principal Instructor Grade II. His appointment was later terminated by the Appellants through Exhibit P5. However, in paragraph 4 of the Exhibit, the 3rd Appellant expressed appreciation for the service of the Respondent during his tenure. The Respondent subsequently secured another employment at the Federal Polytechnic, Offa and applied to the 3rd Respondent for the transfer of his cumulative service.

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In response to the request, the 3rd Appellant published a statement to the effect that the Respondent was involved in examination malpractices and financial impropriety. This statement was then published to the Federal Polytechnic, Offa without soliciting for same as contained in Exhibit 2. Consequently, the Respondent’s employment was terminated. At trial, the Court gave judgement in favour of the Respondent on the ground that he had proved his claim and that the defences of justification and absolute privilege did not avail the Appellants on the ground that they did not prove the truth of the allegations of examination malpractice against the Respondent. The Appellant appealed to the Court of Appeal which also dismissed the appeal and confirmed the judgment of the trial Court in a majority decision, with Aboji John Ikongbeh, JCA dissenting. Still being dissatisfied, the Appellant filed the instant appeal.

ISSUES FOR DETERMINATION:

The Appellant formulated three (3) issues for determination at paragraph 4, 4.01 of the Appellant Brief of Argument, thus:

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“1) Whether the learned Justices of the Court of Appeal in their majority were right in holding that the trial Court had jurisdiction to hear and determine the suit which culminated into this appeal (Grounds 1, 2, and 5).

2) Whether the learned Justice of the Court of Appeal in their majority decision were right in holding that the defence of privilege was not made out by the Appellant on the ground that the truth of the words was not proved (Grounds 3, 4, and 6).

3) Whether the learned Justices of the Court of Appeal were right in holding that the Respondent discharged the onus on him merely upon proof that words imputing a crime were published of him, without further proof that the imputation of crime was false (Grounds 7 and 8).”

On its part, the Respondent also formulated three issued for determination at page 4 of Respondent Brief, thus:

“1) Whether the learned Justice of the Court of Appeal were right in holding that the Court has jurisdiction to hear and determine the suit which culminated in this appeal.