Dr. B.A.N. Nwakoby V. Uba Aham & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice C.C. Nweze of the Enugu State High Court in Suit No. E/112/2003 delivered on 4/12/2006.

The Appellant by a Writ of Summons took out an action against the Respondents wherein he claimed against the Respondents jointly and severally N10,000,000.00 (ten million naira) damages for libel.

The facts that led to this appeal are as follows:-
The Appellant was the Chief Medical Director of the University of Nigeria Teaching Hospital, Enugu. The Appellant and 4 others were charged to the Enugu Magistrates? Court for stealing in Charge No. ME/75C/2002 before Magistrate P.I.Enejere. The matter came up before the Magistrates? Court on 19/3/2002, 26/3/2002 and 10/4/2002.

At the proceedings of 10/4/2002, the suit was struck out by the Magistrates? Court upon the entering of a nolleprosequi by the Attorney General of Enugu State.

?On page 15 of ?The News? published for sale on 15/4/2002 under the bold heading ?ENUGU/UNTH?s Boss in Theft Scandal?, the

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Respondents published concerning the Appellant the following story:
?Unless his lawyer succeeds in proving his innocence beyond reasonable doubt, the Chief Medical Director of the University Teaching Hospital, Enugu, UNTH Dr. B.A.N Nwakoby may soon be on his way to gaol. What is the big deal about gaol you may want to ask, considering the fact that almost all celebrated names in Nigeria ? from the late sage, Obafemi Awolowo, Chief Gani Fawehinmi to our president, Chief Olusegun Obasanjo, have been in and out of the place.

The only difference however is that Nwakoby?s march to prison, except it is averted, has nothing to do with human rights activism or charges of treasonable felony. The medical practitioner was alleged to have colluded with four others to steal about N800,000 belonging to the National Insurance Corporation of Nigeria, NICON.

He, along with four others, Jonathan Obasi, a staffer of NICON, Ferdinand Maduka, as Assistant Director of Finance with UNTH, Maxwell Ezepue, cashier with UNTH and Boniface Ekulu also a staffer of UNTH, has been dragged to Enugu Magistrate Court II.
The alleged stolen amount, Across

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Nigeria learnt, represented the accruable amount to NICON as insurance premium from UNTH. The amount was said to have been given to Ekulu (the cashier) by UNTH management for onward transmission to NICON but along the line, the money was said to have suddenly disappeared.
The insurers, determined to recover their money referred the case to the police who later arrested the culprit as well as other top management staff including the chief medical director.?

The Appellant via a letter to the Respondent dated 20/7/2002 demanded an apology and a retraction of the story.

The Respondents refused to act as demanded and the Appellant by a Writ of Summons took out an action against them wherein he claimed against the Respondents jointly and severally N10,000,000.00 (ten million naira) damages for libel.
The learned trial judge dismissed the claim. Hence this appeal.