Punch Nigeria Ltd. & Anor V. B.E. Eyitene (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BA’ ABA, J.C.A. (Delivering the Leading Judgment)

The plaintiff, now respondent took out a writ of summons in the High Court of the defunct Bendel State now Delta State of Nigeria, sitting at Warri, in which the following reliefs were claimed against the defendants now the appellants, jointly and severally,

“For the sum of N1,000,000.00 (One Million Naira) being damages for libel falsely and maliciously published through out the Federal Republic of Nigeria and far beyond by the defendants of and concerning the plaintiff in and contained on page 1 of the Punch Vol. 8 No. 14, 146 of Monday, 16th January, 1984 captioned FRONT PAGE COMMENT, Sad memories of State Police Commissioners, accusing the plaintiff of bastardizing democratic institutions including the judiciary in Anambra State, and imposing his party on the people of Anambra State.”

The plaintiff/respondent also cross-appealed against the judgment of the trial court.

Pleadings were ordered, filed and exchanged and amended. The defendants amended their statement of defence thrice while the plaintiff, amended his reply to the further amended statement of defence on 30/11/90. The case went to trial on the statement of claim dated 21/7/86, further statement of defence dated 22/10/90 and amended reply dated 30/10/90.

At the hearing of the case, the plaintiff, now respondent testified in support of his claim, called one witness and tendered ten documents. The defendants now appellants on the other hand called one witness and tendered 4 documents in their defence. At the conclusion of the evidence of the parties and address of counsel, in a reserved judgment delivered on 7/5/91, the learned trial Judge, found in favour of the plaintiff/respondent against the defendants/appellants and granted the following reliefs against the defendants/appellants:-

“In the result, I hereby enter judgment in favour of the plaintiff against the defendants jointly and severally for the sum of N80,000.00 (Eighty Thousand Naira) damages for the libel.”

Dissatisfied with the judgment of the trial court, the defendants lodged an appeal against it to this court, the notice of appeal at pages 151-154, contains only one ground of appeal as follows:-

“The learned trial Judge erred in law & misdirected himself on the facts when he held that the statements made by the defendant concerning the plaintiff were defamatory of the plaintiff.

Particulars

(i) The learned trial Judge though finding that the statements were capable of defamatory meaning failed to enquire as to whether from the evidence the plaintiff was capable of being defamed.

(ii) Evidence abound at the trial which established the kind of reputation possessed by the plaintiff as a Commissioner of Police.

(iii) The evidence available to the trial court clearly established that the plaintiff had no reputation that could be defamed.”

The brief facts of the case of the plaintiff/respondent as gathered from the pleadings and evidence adduced before the trial court runs thus: