Insider Communications Limited V. Citi Bank & Anor (2009)

LawGlobal-Hub Lead Judgment Report

JAMILU YAMMAMA TUKUR, J.C.A.

This is an appeal against the judgment of the High Court of Justice Lagos State Coram A.A. Oyebanji J (Mrs) delivered on 4th February, 2014, wherein the Court gave judgment in favour of the 1st Respondent.

The material facts leading to this appeal are that the Appellant, a Newspaper/Publishing company conducted an interview with the 2nd Respondent, titled ?How my Bank Defrauded Me? and published same in its weekly issue of 3rd July, 2006. During the course of the interview, the 2nd Respondent made certain allegations against the 1st Respondent, his Bank, with regards to certain activities concerning the importation of Buses.

The 1st Respondent acting on the belief that the contents of the interview, particularly the assertions concerning its conduct in the importation process, constitutes defamation, particularly libel, instituted an action in the lower Court against the Appellant and the 2nd Defendant via an Amended Writ of Summons dated 25th October, 2010, seeking the following reliefs:

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a. The sum of 100,000,000.00 being general, exemplary and aggravated damages for libel and malicious/injurious falsehood contained in the INSIDER Weekly Magazine/Publication of 3rd July, 226 titled ?How my Bank defrauded me.?
b. An Order of perpetual injunction restraining the Defendants, their servants, agents, officers, privies or otherwise from further writing, printing, publishing/circulating or causing to be written, printed or published the aforesaid defamatory words or similar words defamatory of the Claimant.

In response, the Appellant filed requisite processes and upon a full trial, the trial Court in a judgment dated 4th February, 2014, found that the words complained of were defamatory, rejected the defences of fair comment and justification, awarded the sum of N10,000,000.00 (Ten Million Naira Only) to the 1st Respondent and granted the prayer for perpetual injunction.

Dissatisfied with the above, the Appellant appealed to this Court vide a Notice of Appeal dated 29th April, 2014, with 11 grounds of appeal.

The Appellant?s Brief of Argument settled by Edwin Anikwem Esq., of Edwin Anikwem & Co., is dated 2nd February, and filed on 6th February, 2018.

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Appellant?s counsel formulated four issues for determination to wit:
1. Whether the lower Court was right when it held that the 1st Respondent as Claimant established defamation. (Grounds 1, 2, 3 and 11)
2. Whether the learned trial judge was right when it held that the publication referred to the 2nd Respondent after the Original Claimant was substituted? (Grounds 4,5)
3. Was the defence of qualified privilege not available to the appellant having regard to the circumstances of the case. (Grounds 6, 7, 8 and 9)
4. Whether the award of damages was not excessive in the circumstances. (Ground 10)

Neither of the Respondents filed a Brief, thus I will endeavour to determine this appeal on the issues raised by the Appellant.
ISSUE ONE:
WHETHER THE LOWER COURT WAS RIGHT WHEN IT HELD THAT THE 1ST RESPONDENT AS CLAIMANT ESTABLISHED DEFAMATION. (GROUNDS 1, 2, 3 AND 11)
?
Learned counsel for the Appellant argued that the 1st Respondent did not prove that the words complained of were defamatory in nature, as the only evidence led in support was the testimony of the 1st Respondent?s sole witness, which did not show that people to which the words were

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allegedly published regarded the words as defamatory in nature or injurious to the character of the Appellant. He further argued that the 1st Respondent ought to have called witnesses who actually read the publication of the words in question and interpreted them to be defamatory in nature.
He relied on the following cases:
Sketch Publishing Co v. Ajagbemokeferi (1989) 2 SC (Pt. II) pg.73, 84, 95-96; NTA v. Babatope (1996) 4 NWLR (Pt. 440); Ugbomor v. Hadomeh (1997) 9 NWLR (Pt. 520) 307; Amalgamated Press Ltd v. Allen (1961) 1 SCNLR 370; Omo-Agege v. Oghojafor (2011) 3 NWLR (Pt.1234) 341; and Anate v. Sanusi (2001) 11 NWLR (Pt. 725) 542 at 555 paras D-E.