Maurice Dumbo & Ors V Chief Stephen Idugboe (1983)

LawGlobal-Hub Lead Judgment Report

OBASEKI, J.S.C

The main issue raised in this appeal by the appellants is whether the words “It was resolved that Chief Stephen Idugboe, a member of the Board of Directors be removed from office and he (Chief Stephen Idugboe) is hereby removed as a member of the Board of Directors of the Oilfield Supply Centre Limited, Warri with immediate effect” are capable of bearing defamatory meaning. The subsidiary issue raised is whether words actually in the circumstances in which they were published bore defamatory meaning.

In his ‘Notice to vary’ the damages awarded by the Federal Court of Appeal given pursuant to Order 7 rule 13(1), Supreme Court Rules 1977, the respondent who was plaintiff at the trial court raised the issue of the quantum of damages awarded contending in his brief that there are justifiable grounds to vary the amount awarded upwards to N50,000.00 (fifty thousand Naira).

The action that led to the proceedings which went on appeal first to the Federal Court of Appeal holding at Benin and now secondly from the Federal Court of Appeal to this Court, was filed in the High Court of Justice of Bendel State, Warri on the 30th day of September, 1976. The offending publication is fully set out on paragraph 13 of the amended statement of claim dated 20th June, 1977 which reads:

“On the 22nd September, 1976, the defendants published or caused to be published in Warri and other places on page 19 of the issue of the Nigerian Tide dated 22nd September, 1976, and falsely and maliciously wrote, printed and published or caused to be written, printed and published of and concerning the plaintiff the following words:

“OILFIELD SUPPLY CENTRE LTD. OGUNU, WARRI, WARRI, NIGERIA, P.M.B. 1132

ATTENTION

At an extra-ordinary meeting of the shareholders of Oilfield Supply Centre Ltd. held at the Company’s premises in Warri today, 10th September, 1976, it was resolved that Chief Stephen Idugboe a member of the Board of Directors be removed from office and he (Chief Stephen Idugboe) is hereby removed as a member of the Board of Directors of Oilfield Supply Centte Limited, Warri with immediate effect.

Any person who, from September 10, this year transacts business with him for and on behalf of the company does so at his/her risk.

Signed

Joseph L. Johnson,

General Manager,

Chief Executive.”

An innuendo was also alleged in the amended statement of claim in addition to the ordinary and natural meaning of the words in paragraphs 14-18 of the amended statement of claim as follows: