MR. Orji Asaa V. MR. Frank Ojah (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Abia State in Suit NO.A/302/2008 delivered by L. Alabi J on 17/2/2011, wherein the trial Court awarded the sum of N1 million as general damages against the Defendant (now Appellant) for slander of the Plaintiff (now Respondent).

The claim at the court below was for:

(a) The sum of N4,000,000.00 (four Million Naira) being general damages… for the libelous publication of the Defendant against the Plaintiff.

(b) The sum of N4,000,000.00 being general damages against the defendant for slander by the Defendant against the Plaintiff.”

A brief facts at the Court below showed that Appellant and the Respondent are natives of Amaeke Abiriba in Ohafia L.G.A. Abia State. The Community had a chieftaincy dispute and the parties belonged to the opposing camps. Sometime on 18/7/08 Appellant was summoned by some persons from Amaeke Abririba to the public hall, called Obu Ekpe Amaja Amaekpe Abiriba, where Appellant said he was threatened with a gun and humiliated by the Respondent and other persons; that the Respondent and his group then asked him (Appellant) to deposit with them the sum of N250,000.00 within 48 hours or face servere consequences; that following the threats, on 16/7/2008, the Appellant, left Abiriba with members of his family for his place of business at Aba, but noticed that the Respondent was trailing him (Appellant) along Ururuka Road, near Isiala Ngwa, Abia State.

He said that when the Respondent disappeared from his (Appellant’s) view, some people emerged and riddled the car of the Appellant with bullets, and he (Appellant) was subsequently kidnapped on that date 16/7/08 along the said Ururuka Road, Isiala Ngwa by persons who spoke Abiriba dialect; the kidnappers told him (Appellant) that it was the Respondent who sent them; Appellant was kept in the captivity of the kidnappers for 2 days and was released on receiving the sum of one million five hundred thousand naira, as ransom from the family of the Appellant.

He said that on 11/9/08 the Respondent filed this suit at Abia State High Court, Suit No. A/302/08 wherein he (Respondent) claimed the above reliefs.

On his part, the Respondent said that Appellant was invited by some persons from Amaeke Abiriba on the said 15/7/08 over his (Appellant’s) conducts; that Appellant, after he had explained himself to the group was advised to stay away from causing trouble and from sabotaging his own people; he said that he (Respondent) returned to Aba and later he was called on phone and told that Appellant had been kidnapped; he said, he was further informed that Appellant was telling people that he (Respondent) and his group were the people that kidnapped him; that Appellant sent e-mail message to all Abiriba indigenes all over the world, telling them that it was he (Respondent) who kidnapped him (Appellant).

He said that Appellant, on 10/9/08, at No 94 Jubilee Road, Aba, told everybody present (in the presence of Respondent), that he (Respondent) kidnapped him (Appellant) and caused him to pay N1.5 million fee for his ransom. He filed the suit because he suffered damages. The Court below had held for the Respondent.

Dissatisfied, Appellant filed this appeal on 25/2/11, as per the Notice of Appeal on pages 180 to 183 of the Records of Appeal, and raised two grounds of appeal. He filed his brief on 11/12/12 and distilled two issues for determination, namely:

(1) Whether the trial judge properly evaluated the evidence placed before him, before arriving at the judgment that found Appellant liable for slander in this case.

(2) Whether the learned trial judge was right in holding that the Respondent established and proved slander in this case.

The Respondent filed his brief on 6/12/13 and adopted the two issues distilled by the Appellant.