Prophet Ifeanyi Emeagwara V. Star Printing And Publishing Co. Ltd & Ors (2000)

LAWGLOBAL HUB Lead Judgment Report

KALGO, J.S.C.

The appellant was the plaintiff in the High Court of Plateau State holden in Jos where he took out a writ of summons against the respondents jointly and severally claiming the sum of N200,000.00 as aggravated or exemplary damages for libel published in the Daily Star of 18th of January, 1988. He also sought for an injunction to restrain the respondents from further publication of the libel. The publication concerns the appellant and the Christ Bible Mission, Jos of which he was the founder. Both parties filed and exchanged pleadings.

Paragraph 5 of the statement of claim of the appellant inter alia reads:

On the 18th day of January, 1988, the defendants falsely and maliciously wrote and printed and published on the back page of the issue of “Daily Star” dated that day of and concerning the plaintiff under the caption titled “Prophet docked over indecent assault”, the words following that is to say:-

“A Jos Chief Magistrate Court has heard that a Prophet with the “Christ Bible Mission”, Nassarawa-Gwom, Jos, allegedly removed pubic hairs and finger nails of a lady adherent of the Mission, in a pre to pray for her with those materials”.

The Prophet, Ifeanyi Emagwara, who is now standing trial before the court on a charge of indecent assault allegedly committed the offence between May and June last year, according to the prosecution …”

The respondents in paragraphs 4 and 5 of their statement of defence pleaded thus:-

“4. The defendants admits (sic) the publication as contains (sic) paragraph 5 of the statement of claim but aver that the publication was not false and malicious. The defendants aver that in so far as the said publication consists of allegation of fact, they are true in substance and in fact, in so far as it consists of expression of opinion, they are fair comments and made in good faith and without malice against the plaintiff.

5. In further answer to paragraph 5 of the statement of claim, the defendants aver that the publication was part of the proceedings in the Chief Magistrate’s Court, Jos which is privileged. The defendants will at the trial rely on the said proceedings of the said case”.

(Italics mine)

At the trial, the appellant called 3 witnesses to prove his case and the respondents called only 2 witnesses in their defence. At the end of the evidence in the case, counsel addressed the court on the evidence and the law applicable. On the 28th of May 1991, learned trial Judge, Azaki J, delivered his judgment and came to the following conclusion:-

“In my judgment, although the complained publication was defamatory in substance, but being a fair and accurate report of judicial proceedings, the publication was privileged. To this extent, I dismiss the plaintiff’s claim against the defendant. (Italics mine)

Notwithstanding this clear finding, the learned trial Judge proceeded to award the sum of N20,000.00 to the appellant which he considered as adequate compensation for the injury suffered by the appellant as a result of the publication, in case an appeal court finds his judgment to be erroneous.

The appellant was not satisfied with this decision and he appealed to the Court of Appeal. The Court of Appeal dismissed the appeal and held, per Musdapher JCA who wrote the leading judgment, thus:-

“In my view, the respondents are completely exonerated from any legal liability and therefore, the question of the assessment of damages does not arise on the appeal”.