Emmanuel Bekee & Ors V. Friday Ebom Bekee (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the decision of Honourable Justice B. A. Georgewill of Rivers State High Court contained in the judgment delivered on the 25th October, 2010. In that judgment, the Court dismissed the Appellants claim in its entirety for lack of merit.

The Appellants by their Amended statement of claim dated 17th July, 2009 claimed against the Respondent as follows:-

“(a) N30,000,000.00 (Thirty Million Naira) only being general damages for defamation.

(b) Perpetual, injunction restraining defendant from further perpetrating any act of defamation against the claimants.

(c) Any other sum as the Honourable court may deem fit to award in the circumstances”.

The bone of the facts giving rise to the above claim can be gleaned from paragraph 6 of the Amended Statement of Claim at page 61 of the record.

Appellants who are three (3) brothers from Elelenwo in Obio/Akpor Local government Area of Rivers state sued the Respondent who is also of the same family on the basis that information got to them in the morning of 2nd January, 2007 that the Respondent went to Appellants’ maternal house, among others and alleged that they had canvassed the arrest of one Chinedu Bekee, the son of the Respondent and another Mr. Jonathan Alex Ehoro on the ground that they were cultists and that they were responsible for the killings that took place in December, 2006 in Elelenwo, Port Harcourt. The Respondent’s statement in respect of the aforementioned suit at the court below is hereunder stated as follows:

“Emmanuel Bekee and his brothers Adolphus Bekee and Kenneth Bekee reported some members of the community to the police and Rumuokwurusi people particularly Chinedu and Joe Ehoro as cultists who were responsible for the killings that took place in Elelenwo in December 2006, and that if anything happens to anybody in the community particularly my son Chinedu and Joe Ehoro, I will arrange for every member of their families to be wiped out and that nothing will remain of the members of their family”.

Following this alleged statement of the Respondent against the Appellants, 1st Appellant was removed from being the secretary of the community Landlord Association; 2nd Appellant was removed from the Eldership community and was never allowed in the meeting of the Elders; while 3rd Appellant who was the community Liaison officer in Amber Resources – one of the oil servicing companies which the community hosts was also removed by the community as the community Liaison officer in the company.

The Appellants by a letter written to the Respondent through their counsel demanded for an apology from the Respondent. When the Respondent failed to apologize, the Appellants sought redress in the court by filing the suit at the lower court.

The Respondent filed their defence denying uttering those words.

Rather the Respondent’s case is that he only reported the claimants at the house of Mr. Amadi Chinda on the ground that 1st and 2nd claimants have been accusing him and his children for instigating their removal as the community Liaison officer in Amber Resources Ltd and members of Landlord Association. That the claimants’ allegation is a mere fabrication as there was no exchange of words to the hearing of anybody. Also, that the Claimants were removed by the Ehoro family as their representatives in Amber Resources Ltd because of their notoriety and lack of respect for elders and constituted authorities and for disruption of family meetings.

The removal of the Claimants as the family liaison officer to Amber Resources was a family decision which has no bearing in this suit. The learned trial judge after hearing evidence and addresses of the respective counsel in the matter in a well considered judgment dismissed the Appellants claim as lacking in merit.