Alhaji Rasheed Bayo Salawu V. Chief Moses A. Makinde & Anor (2002)

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O. ADEKEYE, J.C.A.

This is an appeal against the judgment of the High Court of Justice Oyo State – Oyo Judicial Division – delivered on the 27th of January 1997. By the endorsement on the Writ of Summons – though superseded by paragraph 26 of the statement of defence the plaintiffs, Chief Moses Makinde and Navy Captain Makinde (rtd) claimed against the defendant, Alhaji Rashidi Bayo Salawu two relief’s namely:-

a) The sum of N1, 000, 000 (One Million Naira) being damages suffered by the plaintiffs as a result, of false and malicious communications by the defendant in writing at diverse dates in 1994 to Chairman National Board for Community Banks Abuja and others alleging inter alia that the plaintiffs committed Arson to wit setting fire on the 1st plaintiff’s house at Oyo, in which one John Udoh died in the inferno which he knew to be at false criminal accusation attracting severe penal consequences.

b) An order of perpetual injunction restraining the defendant, his servants, agents or privies from circulating such further allegations against the plaintiffs.

Parties filed and exchanged their pleadings. At the commencement of trial – the plaintiff’s case was premised on their statement of claim and evidence of four witnesses and the defendant’s case on his statement of defence and further additional statement of defence and the evidence of three witnesses. It was the case of the plaintiffs that the defendant, and the 1st plaintiff were promoters of the Akesan Community Bank – Oyo, and at various times both plaintiffs and defendant served on the Board of the bank. On the 23rd of March 1994 the defendant wrote to the Chairman National Board for Community Banks Abuja and the Inspector-General of Police, a letter captioned “Re Threat to the Safety and Stability of Community Banking System”. He alleged in the said letter that the plaintiffs colluded with others to set the house of the 1st plaintiff on fire for the purpose of putting up an Insurance claim. One John Udoh – a tenant of the 1st plaintiff and an accountant with the Community Bank died in the inferno. Consequent to the copy of the letter forwarded to the Inspector-General of Police – investigation was conducted into the criminal financial malpractices and abuse of office leveled against the plaintiffs. Both plaintiffs claimed to have experienced unnecessary embarrassment, emotional disturbance, and disruption in their business and social activities. Unless the defendant is restrained he would continue to publish the defamatory matters as he is removed for writing such implicating letters under the guise of being an anti-corruption crusader.

The defendant – who claimed to be a community leader in Oyo town, a public letter writer and a member of the Civil Liberties Organisation complained that he was removed as a director of the Akesan Community Bank without the approval of the Annual General Meeting of the shareholders of the bank, but upon the recommendation of the legal Adviser-Prince Dosu Gbadegesin presented to the Board of Directors following a petition claimed to have been received by the 2nd plaintiff. He admitted writing a letter to the chairman of the National Board for Community Banks Abuja and the Inspector-General on 23/3/94 with the letter headed paper of the Akesan Community Bank Oyo, which he signed as a director. He was compelled to write the letter following a report made to the police by the plaintiffs that they suspected him of causing the fire which destroyed the 1st plaintiff’s house. He denied taking any steps that would injure the credit and reputation of the plaintiff’s.

In his considered judgment the learned trial judge gave judgment to the plaintiffs as per their claim. Being aggrieved by the said judgment the defendant filed an appeal against same to this court. The defendant shall henceforth be referred to as the appellant, and the plaintiffs as the respondents. In the notice of appeal, two grounds of appeal were filed. Parties settled records and briefs were filed and exchanged. In the appellant’s brief only two issues were raised for determination as follows:-

1) Whether on the pleadings and the evidence before the trial court, the plaintiffs were rightly or properly given judgment on their clam against the defendant.”

2) Whether the trial court gave the defendant a fair hearing and if not whether such denial encroaches the provisions of section 33 of the 1979 Constitution of the Federal Republic of Nigeria (as amended).

The issues are related to the grounds of appealed filed.

The respondents adopted the issues formulated in the appellant’s brief. I have to remark and also to remind counsel that the essence of filing briefs and formulating issues for determination.

Brief at an appellate court stand in the same place as pleadings at the trial court. They are meant to give an insight into the case of the parties while issues for determination are to direct the court in the consideration of the case of the parties. A respondent adopting the appellant’s issue for determination cannot help the respondent’s case when particularly in this case – they are not presenting the same case. Moreover the courts have regarded and will continue to regard such practice as a demonstration of intellectual laziness on the part of a counsel. Whatever the shortcomings in a brief – the appeal will still be heard on its merit.

OBIORA V. OSELE 1989 1 NWLR Pt 97 pg 279

ENSI V. IDIKA 1987 4 NWLR pt 66 pg 503