Isaac E. Nwaenang V. Chief Edet W. Ndarake & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Akwa Ibom State, Uyo in the Appellant’s suit No. HU/77/95 delivered on the 8/4/2011. The Appellant’s case against the Respondents before the High Court was set out in the paragraphs 7 – 10 of the Amended Statement of Claim dated and filed on the 7/7/1997 as follows:-

“7. On the 13th December, 1994, the defendants and two others namely, Chief David E, Akpakip and Chief Okon Ndem jointly and severally falsely and maliciously published of and concerning the plaintiff;

A letter titled – Re: Petition, Factors Necessary for Peaceful Co-existence to the Chairman & Managing Director of Mobil Producing (Nig.) Unlimited, Victoria Island, Lagos. The said letter is hereby pleaded.

8. At pages 1 and 2 of the aforesaid fetter, the defendants made the following libelous statements against the Plaintiff;

(i) “That no good community as ours would allow someone with dubious behavior to lead them. It could be recalled in the history of Mkpanak that Mr. Isaac E, Nwaenang who claimed to be the co-ordinator of none existing body was found to be the leader of 419 gang during the Nigerian Civil War. He deceitfully collected some items such as heads of tobacco, bags of salt to mention but a few on behalf of Mkpanak Council of Chiefs invited him with his gang for interrogation. There he was found guilty and was punished accordingly together with others.”

“In another development, he insulted the Chiefs of Mkpanak and took them to the former Eket Local Government Council where he went back with shame. He was asked to give one goat and not drink as fine to the Chiefs which he had not done it till now.”

The said words referred to and were understood to refer to the Plaintiff on record.

9. The above statements were written of and concerning the plaintiff and were published to many people including:-

i) Operations Manager, Mobil producing (Nig.) Unlimited, Qua Iboe Terminal.

ii) The Area Operations Manager, Mobil Producing (Nig.) Unltd., Qua Iboe Terminal

iii) Otunba Solomon A. Oladumni (Mobil House, Lagos)

iv) Public Affairs Adviser, Mobil producing (Nig.) Unlimited; Qua Iboe Terminal.

v) The Chief Registrar, Ministry of Justice, Akwa Ibom State, Uyo.

vi) Owong Barrister A. M. Ukot, Clan Head of Ibeno.

10. By the said statements/words in their natural and ordinary meanings, the defendants meant and were understood to mean that the plaintiff is a social misfit, a fraudster, a thief, an outcast and a renegade who cannot lead his.”

In the Respondents’ Amended statement of defence dated the 1/11/99, the Respondents denied the Appellants’ case and in a separate counter claim dated the same date but filed on the 11/11/99, counter claimed against the Appellant in respect of the petitions written by him to Mobil Producing Nigeria Unlimited, in terms similar to those claimed by the Appellant. The Appellant denied the counter claims by the Respondents in the defence to the counter claim dated the 20th but filed on the 23/12/1999.