Alhaji Lai Mohammed V. Chief Afe Babalola, S.A.N (2011) LLJR-CA

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the decision of J.O Adeyeye, J, of the Ekiti State High Court, sitting at Ado-Ekiti. The Respondent as Plaintiff before the lower court had taken out a writ of summons against the Appellant (as Defendant) wherein he sought the following reliefs:

(a) A DECLARATION that the defendant’s publication in the Sunday Champion Newspaper Vol . 20, No. 45 of Sunday November 11, 2007 at Page 5 under the Caption “AC DECRIES ALLEGED INTERFERENCE WITH COURSES OF JUSTICE IN EKITI” a paper which circulates in Ado Ekiti and throughout Nigeria containing the following materials and Statements against the Plaintiff….is defamatory and libelous of the plaintiff.

(b) AN ORDER for publication of apology, retraction and rebuttal of the libelous materials in the 1st defendant’s “SUNDAY CHAMPION” Newspaper widely read National Newspapers for seven consecutive days.

(c) DAMAGES in the sum of N250, 000, 000, 000.00 (Two Hundred and Fifty Billion Naira).

(d) AN ORDER OF PERPETUAL INJUNCTION restraining the defendants or their cronies, group of people, association, or anyone howsoever called through “SUNDAY CHAMPION” newspaper or any newspapers/magazines owned by the 1st and 2nd defendants from further publishing or disseminating the libelous materials or similar ones against the plaintiff forthwith.

(e) Cost of this action.

The Appellant, who is the 3rd Defendant in the action before the lower court, did not file any Statement of Defence. He however, upon being served the originating processes filed a Notice of Preliminary Objection dated the 28/11/2007 asking the lower court to strike out or dismiss the suit in its entirety. The said Notice of Preliminary Objection reads thus:

“TAKE FURTHER NOTICE that the grounds upon which this objection is based are as follows:

1 (a) That the statement complained of was issued in Abuja, the Federal Capital Territory of the Federal Republic of Nigeria, outside the jurisdiction of this Honourable Court.

(b) The plaintiff, Chief Afe Babalola, OFR, CON, SAN, FCI Arb, LLD is not resident in Ekiti State but resident in Ibadan, Oyo State outside the jurisdiction of this Honourable Court.

(c) The 1st and 2nd Defendants, Champion Newspapers Limited and Mr. Luke Okoro is both resident in Lagos State outside the jurisdiction of this Honourable Court.

(d) The 3rd Defendant, Alhaji Lai Mohammed is resident in Lagos State outside the jurisdiction of this Honourable Court.

2. The suit discloses no reasonable cause of action against the Defendants.

PARTICULARS