Chika Okafor & Ors V. Linus Ibegbu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal lodged by the appellants via their Notice of Appeal filed on 20/8/2013.

It is an appeal against the decision of Hon. Justice Bello Abbas of High Court of Justice Sokoto State in Suit No SS/4/2009 delivered on 2/8/2013.

The plaintiff (now the respondent) at the Lower Court had instituted an action against the defendants (now appellants in this Court) claiming as per his endorsement on his writ of summons as follows:-

“The plaintiff’s claims against the defendants jointly and severally as follows:

1. N6 Million Naira damages.
2. 10% interest on judgment sum from date of judgment to date of final payment of judgment sum.
3. Cost of action.

The plaintiff and the defendants are all businessmen and woman, all resided in Sokoto within the jurisdiction of this Court.

Sometime (sic) respectively on 3/12/2008; 4/12/2008 and 5/12/2008 the defendants jointly and severally maliciously defamed the character of the plaintiff by publishing to the hearing of many 3rd parties respectively at the

residence of the plaintiff’s in-law in Sokoto and at plaintiff’s business place at Ahmadu Bello Way. Sokoto the following words about and concerning the plaintiff “that the plaintiff raped his 10 years old house girl and also had sexual intercourse with his mother in-law and that he did so for money ritual.”

The plaintiff did none of those actions alleged and he is the chairman of his community meeting in Sokoto, also holds many other offices in many other associations/clubs in Sokoto and is well respected, even in his Church.

The plaintiff has been so discredited, humiliated, disparaged and damaged in the eye of every right thinking person, his church members, business associates and customers, in ? laws and friends who are now afraid of him and don’t trust him again since after he is said to be a rapist and a ritualist.

Whereof, the plaintiff claims against the defendants jointly and severally as per above.”

Parties filed and exchanged pleadings. After hearing the parties, learned trial Judge gave judgment in favour of the plaintiff inter alia as follows

?”Going by

the pieces of the evidence adduced by the contenting parties, the evidence called by the plaintiff PW?s 1 to 9 as well as the evidence offered by the defence D. W.?S 1 to 4 in this suit, clearly there is an admission by the defendants themselves of publishing the malicious false allegation against the person of the plaintiff in this suit (sic) Linus Ibegbu allegedly said to have raped his ten years old house girl Chinaza for money rituals published by the defendants to third parties with a view to (sic) damage his character.