High Chief Bashiru S. Olajogun (Osolo) & Ors V. Chief Jimoh Osho Agoro (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUDASHIRU N. ONIYANGI, J.C.A. (Delivering the Leading Judgment)

At the High Court of Ogun State the plaintiff who is the Respondent in this appeal claimed against the defendants/appellants jointly and severally as follows:

(a) The sum of N50,000,000.00 (Fifty Million Naira) being aggravated and exemplary damages for libel published of and concerning the plaintiff by the defendants in the letter to Chief (Mrs) Salmot Badiru, the Deputy Governor of Ogun State and to other persons dated the 28th day of September, 2004.

(b) An order of perpetual injunction restraining the defendants their agents, servants and privies from further publishing the libel complained of or any similar libel or other libelous matter whatsoever of and concerning the plaintiffs.

Pleadings were exchanged and settled.

The summary of the plaintiffs’ case as can be garnered from the record is that he was installed as Aare of Gan-un and that his installation was published in the Daily Sketch of 20th September 1977 (See Exhibit “A”) Amongst those who congratulated him on his appointment is Chief Oladipo, the then Chairman of Ifo Local Government, the letter was admitted and marked Exhibit “B”. By virtue of this appointment he receives monthly stipend from the local government.

The Gan-un community sent invitation to him whenever there was any important event in the community. He tendered in evidence some of these letters of invitation. They are marked as Exhibit “C1”. According to him, he filed the suit because of the malicious petition written against him by the appellants to the Deputy Governor of the State, and copied to the State Commissioner of Police, himself and so many others.

Those copied, acknowledged receipt (See Exhibit “D”). He said he was called a thief, a 419 man, that he collected money from the Local Government. He added that the first appellant and himself had a disagreement and it was resolved.

The reason for the soiled relationship was because the first appellant was interested in the Baaleship stool of the town and he believed the respondent is also interested in the Baaleship stool. He testified to his standing in the community. He occupied several positions, of honour and amongst which are:

(a) One time president of Ifo Customary Court (See Exhibit “E1” and “E2”)

(b) A state delegate of the Social Democratic Party (SDP)

(c) Involved in Boundary settlement dispute “Exhibit “G”

The Local Government also sent him for a Leadership Training Course at Iperu. His Lawyer wrote to the signatories of the petition. See Exhibit (I). The local government, Obas in the community tried to settle the issue by asking the Appellants to withdraw the petition and apologise but they refused.

He said people kept on asking him why he did what he was alleged to have done. He denied the allegations in the petition. He took the matter to court. In the end the court below concluded as follows: