Chief Ikang Edet Okon V. Etinyin Bassey Bassey Obo (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Cross River State sitting at Calabar delivered on 30th March, 2011.

The Respondent as Plaintiff in the trial court took out a writ against the Appellant as defendant and claimed the following reliefs.

(1) Declaration that the Defendant has defamed the Plaintiff by the said publication dated 10th March, 2008, addressed to the Chairman, Calabar Municipal Council, as it condemns the Plaintiff in his offices and as members of exalted court of the Obong of Calabar and that of the Traditional Rulers Council of Calabar Municipality.

(2) An order compelling the Defendant to recant the false representation made to the Chairman, Calabar Municipal Council concerning the Plaintiff.

(3) An order compelling the Defendant to apologize in writing to the Plaintiff and to forward same to the Chairman, Calabar Municipal Council.

(4) An order of Perpetual Injunction restraining the defendant or any person or body, his servants, agents or hirelings or whomsoever by his direction to desist from continuing the publication of the said publication.

(5) N2,000.00 (Two Million Naira) Damages.

The Appellant filed his statement of defence and the trial began. The Respondent gave evidence for himself and called one witness. The Appellant gave evidence for himself and called one witness also. At the end of the trial, the trial Judge delivered his considered judgment in favour of the Plaintiff/Respondent.

Being dissatisfied, the Appellant filed his notice and one ground of appeal on 1st June, 2011. The Appellant filed his brief on 26th September, 2011 and articulated only one issue for determination thus:

Whether the Learned Trial Judge was right to discountenance the Defendant’s defences of justification and qualified privilege as inapplicable in this case?

The Respondent filed his Respondent brief on 21st October, 2011 and articulated one issue for determination also.

ISSUE FOR DETERMINATION:

The only issue for determination herein is whether the trial Judge was right in upholding the case of libel against the defendant/appellant and declaring as inapplicable the defences of justification and qualified privilege as canvassed by the defendant/appellant while entering judgment for the plaintiff/respondent.