Mr. Gabriel Aduda v. Mr. Siminialayi Young Pepple (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the leading judgment)

This is in respect of an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja delivered on the 27th June, 2022 by Akobi, J.

By a writ of summons filed on the 27th August, 2020, the respondent approached the lower court for the following reliefs against the appellant:

a. An order of the court directing the defendant to pay the sum of N50,000,000.00 as general and exemplary damages for libel published against the claimant.

b. An order of the court directing the defendant to write a letter of apology to the claimant and publish same in two national newspapers to wit: This day Newspaper and Daily Trust Newspaper.

c. An order of the court directing the defendant to pay 10% judgment sum per month from the date of judgment until final liquidation of the judgment sum.

d. An order of perpetual injunction restraining the defendant either by himself, servants, privies, agents or otherwise from further publishing or causing to be published same words or any word similarly defamatory to the claimant.

Parties joined issues via their pleadings and at the trial, while two witnesses including the respondent himself testified in support of his pleadings, the appellant chose to rest his case on that of the respondent. After taking final addresses from the parties, the learned trial Judge delivered a considered judgment as aforesaid on the 27th June, 2022 wherein he found for the respondent and granted his reliefs.

Unhappy at this turn of events, the appellant invoked the appellate jurisdiction of this court via a notice of appeal filed on the 29th June, 2022 containing four grounds. At the hearing of the appeal, Mr. Omoleaupen adopted the appellants brief filed on the 20th October, 2022 as well as the appellants reply brief filed on the 22nd November, 2022 as the arguments of the appellant in furtherance of his appeal while Mr. Udora adopted the respondents brief filed on the 9th November, 2022 as the arguments of the respondent in contesting the appeal.

The appellant distilled three issues for determination thus:

i. Whether the court and the parties are not bound by law to confine themselves to the pleadings, the issues joined and the evidence adduced by the parties. (Grounds 1 and 2)

ii. Whether the issuance of a defamatory material amounted to publication in law. (Ground 3)

iii. Whether there was indeed evidence of publication of defamatory materials which warranted the award of the exorbitant sum of N20,000,000.00 (Twenty Million Naira) only as general and exemplary damages in libel (ground 4).

The respondent on his part distilled two issues for determination thus: