Emeka Izejiobi V. Evaristus O. Ebgebu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO?OHO, J.C.A. (Delivering the Leading Judgment)

The source of the dispute between the parties to this Appeal is a letter written by a member of a caretaker committee of a town progressive Union, resigning his position as member. In the letter dated the 15th day of December, 1998 and addressed to His Royal Highness, the EZE URUALLA, EZE EDDY OKOSISI EZEANYIKA XI he had expressed his disappointment in the activities of the caretaker committee and had said so in the following language at paragraph two (2);

?The leadership is full of disorder, it is very weak, crooked, Deceitful and selfish. There is no sincerity of purpose in all our deliberations. I am highly demoralized and disappointed.?

As a result of this letter, the Respondent as Claimant, that is the said EVARISTUS O. EGBEBU instituted on the 28-1-2002 an action against the Defendant, EMEKA IZEJIOBI claiming the sum of Five Million (N5) Naira as damages for libel among other reliefs. In the Statement of Claim, the Respondent as Claimant sought for:

?A Declaration of the Court that the publication in the letter dated 15-12-98 by the Defendant

1

against the Plaintiff is malicious, libelous and in absolute bad faith?

In Paragraphs 4, 5, 6 and 8 of his Statement of Claim, the Respondent pleaded as follows:

?4. The Defendant who has an overzealous ambition confiscated invitation letters meant for Aba Branch of the Union of which he belongs. He claimed handing over the invitation letters to the Secretary of the Committee who is also of Aba Branch. An enquiry by a member of the Union from Aba Branch proved the Defendant?s claim as false and blamed him for his callousness in deliberately seizing the invitation letters. The invitation letters were issued by the Plaintiff on behalf of the Union.

5. The Plaintiff wrote the Chairman of Aba Branch of our Union to verify the circumstances of the absence of his members at the said meeting which invitation letters were confiscated by the Defendant. Plaintiff shall rely on the said letters at this trial.
6. For fear of the outcome of the probe, the Defendant wrote and circulated a letter to all branches and members of the Union in Nigeria and in diaspora. In the said letter dated 15-12-98, the Defendant resigned his appointment

2

as a member of the Care Taker Committee and wrote of the Plaintiff as follows:

?THE LEARDERSHIP IN FULL DISORDER, IT IS VERY WEAK, CROOKED, DECEITFUL AND SELFFISH. THERE IS NO SINCERITY OF PURPOSE IN ALL OUR DELIBERATIONS I AM HIGHLY DEMORALIZED AND DISAPPOINTED.? These words of the Defendant were understood by all those who read the letter to mean that the Plaintiff is unreliable, dishonest, fraudulent, not straight in his dealings, insincere, self centered, deceitful, untrustworthy, questionable and dubious. The letter although circulated all over the country and abroad was not copied to the Plaintiff or other members of the committee. Plaintiff shall rely on the said letter at this hearing.

8. Many of the recipients of the said letter believed its contents as there was no response from the Plaintiff. Plaintiff?s professional colleagues, clients, friends and contemporaries who read the letter intimated the Plaintiff of its contents. Plaintiff then sought and obtained a copy of the letter and was shocked at the extent of damage to his person and reputation.?

?

Pleadings were ordered, filed and exchanged. The