IN THE HIGH COURT OF IMO STATE
IN THE OWERRI JUDICIAL DIVISION
HOLDEN AT HIGH COURT OF JUSTICE, OWERRI
HIGH COURT 11
ON THE 31ST DAY OF MARCH 2020
BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA
SUIT NO: HOW/490/2017
BETWEEN
MRS. OGECHI OSUAGWU PLAINTIFF
AND
HON, JUSTIN BROWN AMADI – DEFENDANT
JUDGMENT
The Plaintiff by writ of summons filed on 30th day of June 2017 claimed from the Defendant as follows:
- An injunction restraining the Defendant by himself, agents or the like from publishing or causing to be published in any manner the said words complained of or similar words defamatory of the Plaintiff.
- A clear and unqualified apology unto the Plaintiff to be published in the Nigerian New Point Newspaper and one other Newspaper in circulation in Imo State and a retraction of the letter dated 12th May, 2017, written by the Defendant, and defamatory of the Plaintiff.
- The sum of 20,000,000.00 (Twenty Million Naira) only, as damages for the defamation of the Plaintiffs character contained in the letter dated 12th May, 2017 written by the Defendant and published to various persons.
On the service of the processes on the Defendant entered appearance with leave out of time and filed defence.
To prove her case, the Plaintiff testified and called one witness. The Plaintiff testified that she is a Christian, widow and chairperson of Egbu Women Conference.
She was appointed head of the Anglican School the prestigious SS Mary and Joseph Umuchim Nekede by the Bishop of Anglican Dioceses of Egbu after she retired as Head of Ebenator Secondary School Ekwe. She was chairman of harvest committee of the Anglican Church All Saints Egbu, 2015 and 2016.
She has children who are responsible and well brought up. The Defendant is a politician. During the funeral rites of Defendant’s mother Late Esther Amadi precisely on the 15th day of February, 2017, she in accordance with the Constitution of the Egbu Women Association on the treatment of Daughter in-law on their mother-in-law and acting on the complaint of late Mrs. Esther Amadi and the earlier resolution on the issue, called on the Defendant’s wife Mrs. Pauline Amadi to state why she ill treated her mother-in-law while she was alive.
When the said Mrs. Pauline Amadi stood up to explain the reason for the estranged relationship between her and her mother-in-law late Mrs. Esther Amadi, she cut her short and demanded to know what the fine for ill-treating one mother-in-law is. When he was told, he quickly paid the fine which is NI0,000.00 (Ten Thousand Naira) on behalf of his wife Mrs. Pauline Amadi. The funeral rites continued and was concluded without incidence.
Shortly afterwards, the Defendant wrote to the Association stating that she is stupid and unconcerned about the Defendant’s mother while she was alive. The Defendant would not retract his defamatory publication but boasted to even go ahead and publish more defamatory words against me.
The Defendant even published the letter to all and Sundry and caused the said letter to be published in the Mid week Edition of the Nigerian News Point Newspaper of March, 22, 2017. The Newspaper publication is hereby pleaded and shall be relied upon at the hearing. Defendant was not happy over the fine he paid for the bad treatment that his wife Pauline Amadi meted out to his mother while she was alive. The Defendant who wanted his wife to be an executive member of the prestigious Egbu Women Association was not happy when she with the mandate of the Association condemned openly the bad conduct of the Defendant’s wife which led to the payment of fine by the Defendant and which will bar the defendant’s wife from aspiring into a position of authority in the Association.
The motive of the defendant was simply to ridicule her to incite the people particularly the Egbu Women Association against her and to reduce her growing popularity. The defendant aimed at removing her from the office of the president of Egbu Women Conference and to create a rift in the Association. As a Politician,
the Defendant is seeking cheap popularity having never won any election in his political career.
The Egbu Women Association in their letter of 31st May, 2017 addressed to the Defendant, gave the Defendant the opportunity to prove his claim against her or recant same, but the Defendant would rather tarnish her good image and reputation and will stop at nothing until she is ridiculed.
The Defendant upon receipt of the letter from the Egbu Women Association went about stating that he will fabricate more falsehood against her and will join other members of the Association since according to him, he has money to go to the press.
The words published of and concerning her were false, malicious, unfounded, most untrue and without any iota of truth or justification but only meant to disparage and actually disparaged her person. And she was in consequent of the publication shunned by so many people particularly her husband’s relatives. She was further shunned by respectable, responsible and reasonable people in her community in Imo State and beyond. And her relatives, children and dependants were also injured by the said publication. Unless restrained by the Court the Defendant will continue to further publish or cause to be published the same words or words similar thereto against her.
The PW1 was cross examined by the defendant’s counsel. Under cross examination, she stated that she did not sue the Newspaper that published the alleged defamatory material. On the question that the publication in the newspaper is not an advertorial placed by the defendant she replied that the defendant wrote something about her on the paper. On the question: It is correct to say that the said publication was authored by the staff of the newspaper whose name was boldly written on it. She replied that his pictures and name is on the newspaper. She was asked that the said newspaper publication, the author never stated that the Defendant sponsored the article. She replied I do not know. I do not work with the newspaper. It was put to her that the Defendant never defamed her and she replied it is not true. It was put to her that the Defendant never boasted to publish any material against her and she replied that all she knows is what he published on the paper. His name appeared there and his photograph appeared. In the letter he circulated he mentioned the date of the newspaper publication. Then we went in search of the newspaper and got the newspaper. It was put to her that the defendant never intended to remove her from office and she replied that that was what he wanted to do.
The PW2 is Chinyere Chukwuekerem (Mrs.), the secretary of Egbu Women Association and Egbu Women Conference, of Egbu in Owerri North. She stated that she knows the parties in this suit, the plaintiff is-the president of Egbu Women Association and Egbu Women Conference. Following a report by one of their mothers late mother Esther Amadi over the maltreatment she was receiving from her daughter in-law Pauline Amadi wife of the defendant, they acted in accordance with their constitution and placed a fine on her which fine was paid.
Surprisingly, Hon. Justin Amadi wrote a very Scandalous letter which disparaged the name, person and personality of their president Mrs. Ogechi Osuagwu who merely acted in her official capacity in handling the issue of Pauline Amadi and her Mother in-law Late Esther Amadi. Copy of the letter dated May 12th 2017 and published by the defendant HRH Justine Amadi was sent to the association through her and a copy was sent directly to her in her official capacity as the secretary of Egbu Women Conference and copies were also sent to almost everyone in Egbu including the Bishop of Egbu Dioceses and even distributed in Churches in Egbu. She has seen a copy of the said letter and can identity same.
The Egbu Women Association after reading the malicious and disparaging letter authorized her to send a letter to the defendant which she did, urging the defendant to recant and retract his libelous publication against the plaintiff but the defendant insisted and went ahead to further malign the person of the plaintiff. The copy of their said letter dated 31st May, 2017 is in evidence and relied upon. She can identify the said letter. The said letter is signed by her and the defendant has the original. After reading the letter of 12/05/2017 some people including her are now skeptical and circumspect in associating with the plaintiff.
People now look down not only on their President the Plaintiff but on the entire Egbu Women Association for having in the words of the defendant “a wayward women who accelerated the death of her husband … ” as their president. That letter written by the defendant damaged the reputation of the plaintiff.
Under cross examination she affirmed she is Chinyere Chukwukerem. She told the court in her evidence that she is Chinyere Chukwukerem. She made reference that the name Chinyere Chukwueke is not her name. She is the secretary of Women Association and Egbu Women Conference in Owerri North. No any other person bearing the name Mrs. Chinyere Chukwueke in Egbu Women Association. She has never born the name Mrs. Chinyere Chuwkwueke
On the question that it is therefore correct to say that any document bearing the name Chinyere Chukwueke and purporting to having been signed or authored by her is forged and fake, she replied that the document is her document. It is a typographical error. Exhibit c is her document. She and all the executive members of Egbu Women Association signed exhibit C. She can read and write. The level of education she attained is Bachelor in Education. She was asked what name is there as the secretary of Egbu Women Association and she replied that it is her signature. The name there Chinyere Chukwukerem. She was asked if she signed the signature at all and she replied that she did.
She signed in two places. She is the secretary of Egbu Women Association and also President Umuegbelu Village in Egbu. The document has other 21 women who signed along with secretary. They are the executive of Egbu Women Association.The No.15 on the list of Exhibit C is her name. She signed it. She signed Ex. C as Mrs Chinyere Chukwueke and also as Chinyere Chukwukerem. But the 1st one has been corrected. Two of them are her signature. It was put to her that she is an imposter and she replied that she is not. It was put to her that she is not secretary of Egbu Women Association and she replied that she is. She authored Ex. C
She was asked whether Mrs. Ogechi Osuagwu holds any position in Egbu Women Association and she replied that she is the president. She was asked if she is still the Chairperson of Egbu Women Association and she replied that she is suspended. She was asked whether she and other women of the Association still believe in the leadership of Mrs. Ogechi Osuagwu and she replied that they not
She was told that Egbu Women Association did not sanction the Plaintiff following the purported action of the Defendant and she replied that the Plaintiff is suspended till the matter is settled. Till they see the truth in the matter. It was put to her that Exhibit C was concocted by her. That she put all the names and signatures in the document and she replied that she did not.
It was put to her that all her evidence in this matter is total falsehood which she rejected.
The Plaintiff’s counsel filed written and formulated issue for determination as:
Whether the plaintiff has proved her case so as to be entitled to the reliefs sought by her?
It is submitted that the plaintiff has proved her case on the preponderance of evidence, so as to be entitled to the reliefs sought by her. A close look at the pleadings, will show clearly that the plaintiff carefully, clearly and succinctly pleaded the publication by the defendant both in the Newspaper exhibit A and in the letter circulated to all and sundry exhibit B. The published words are to the effect that ” .. .in retrospect Ogechi Osuagwu has been a way-ward woman who accelerated the death of her husband Mr. Uchewuako Osuagwu. Ogechi was caught in the act of adultery at Ikenegbu Area of Owerri-Municipal Council where she resided … ” even the defendant admitted that these are criminal issues. According to the defendant “Ogechi- · (plaintiff) should be called upon to put up a defense on the alleged criminal issue”
According to the counsel, it is now generally accepted that words are defamatory when by their ordinary meaning they render the person about whom they were spoken of odium or may bring shame or disgrace to the person – OGBODU VS B.A.T. URIAI 2013 3NWLR P 261 (CA) such words must lower or tend to lower the plaintiff in the estimation of right-thinking members of the society generally or expose him or her to contempt, hatred or ridicule or cause other persons to shun or avoid her. See the case of ED EM VS ORPHEO NIG. LTD. 2003 13 NWLR PT 838. It is submitted that that these conditions or situations are disjunctive and not conjunctive and so, proof of anyone condition suffices to make the word defamatory.
It is submitted that the plaintiff has discharged the onus of proof of publication when she tendered a certified true copy of the publication in a Newspaper and the original letter addresses to specific persons like the Bishop of Egbu Diocese and the entire Egbu Women. Even this proof notwithstanding and in addition the defendant in his defense admitted the publication and so the · publication requires no further proof on the authority of OFOEGBU VS ONWUHA (2008) ALL FWLR PT 412 P1141, and AMUZIE VS ASONYE (2011) 6 NWLR PT 1242 P.19.
According to the Plaintiff, the letter and the Newspaper publication which were at the instance of the defendant conveyed the same message and carried the same effect of lowering the plaintiffs esteem before the public. Again the letter has clearly written on the foot of it, the following words Cc: The Bishop Egbu Diocese. These publications injured the reputation of the plaintiff. These facts were neither controverted nor contradicted under cross-examination neither did the defendant place any fact on oath before this court to afford the court another version of the story.
It is submitted that a court therefore in the present circumstance has no option than to act on the uncontracdicted and uncontroverted facts. The onus probandi placed on the defendant to establish the truth or veracity of these published words against the plaintiff were not discharged and the court is invited to act on these facts as clearly established by the plaintiff through two witnesses and admitted by the defendant. The exhibits were tendered without any objection. The defendant admitted saying these defamatory words against the plaintiff.
According to the Plaintiff, a community reading of the statement of defense shows or tends to show clearly that the words were defamatory of the plaintiff. However the defendant in his defense maintains that these words such as accelerating the death of one’s husband or being caught in the act of Adultery in Ikenegbu area where she resides did not in any way bring down the reputation of the plaintiff. Defendant maintained that he did not malign the integrity or character of the plaintiff. The counsel stated that while they leave this question to the court they must state emphatically that to say of a married woman “she was caught in the act of adultery is not only malicious (unless justification is pleaded and prove which is not the case here) but highly defamatory in any moral society. To say of a woman – “she accelerated the death of her husband” is a clear imputation of crime which makes the publication actionable per se without proof of damage. To describe a woman as WAYWARD and then urge her to put up a defense otherwise (I will go further) according to the defendant is to maliciously lower the person (plaintiff) in the eyes of right thinking members of the public. The defendant should be damnified in damages in the absence of any defense.
According to the counsel, assuming without conceding, that the defendant was ready to put up a defense, he would still fail as he clearly acted out of malice. Referred to paragraph 2 of the Statement of Defense, paragraphs 8 of the Statement of Claim, and paragraph 9 of the Deposition of PWI which were not controverted. Malice is a vitiating factor and the defendant acted out of malice.
According to the counsel, defendant admitted paragraph 1 – 7 of the statement of claim. Same facts were contained in the deposition of the plaintiff’s witness. The high profile of the plaintiff was reduces by reasons of the offensive publication according to PW2, the Association have placed on hold all the functions of the plaintiff pending the outcome of this matter. Defendant would not even recant his publication and will not come to court. He would have continued to publish further defamatory statement against the plaintiff but for the timely admonition of this court against any pressmen. Defendant refused to apologize or recant his offensive publication and this should attract aggravated damages.
The court is urged to grant the prayers and reliefs of the plaintiff and to award cost. Plaintiff spent N150,000 as filling fee, paid professional fees of N400,000.OO caused to be issued and served on the defendant, 6 hearing Notices at the cost of N2,800 per hearing Notice. Total of N150,000 for 15 appearance paid at N10,000.00 per appearance. Plaintiff therefore spent a total of N716,200. The plaintiff in addition to the reliefs sought, claims this sum as cost of this action. Referred to THEOBROS AUTO-LINK LTD. VS B.I.A.E CO LTD 2013 2 NWLR (pt 1338) p.337
The Defence case:
The entered appearance and filed a written deposition where he stated that he is not in a position to deny or affirm paragraphs 1, 2, 3, 4, 5, 6, 7 and the facts therein are within the knowledge of Plaintiff. Plaintiff had been unusually hostile towards his wife and was doing all manner of things to dehumanize and humiliate his wife. All her actions were calculated to demean his person. He had to step in to avert further degrading and dehumanizing treatment by the Plaintiff, by paying the fine she instigated and imposed on his wife.
He admits writing a letter to the Association, but vehemently denies that he published the said letter on the said Newspaper on the said date quoted by the Plaintiff. The claim that he published the said letter is false, mischievous and deliberate falsehood to confuse the Court. What was published in the Newspaper was a report by a correspondent of the publishing company and not the letter verbatim as written by him to the Association.
He never wrote to the Bishop of Egbu Diocese nor any passer bye. He wrote to the Women association which my wife and the Plaintiff belonged and nothing more. The letter did not connote nor represent the imputations, conjectures and innuendoes being read into it by the Plaintiff. The letter was not out of malice. The letter did not in any way bring down the reputation of the Plaintiff. The Defendant did not malign the integrity or character of the Plaintiff. Nobody holds the Defendant in odium. He did not publish any libelous material against the Plaintiff. The Plaintiff did not suffer any damage to her reputation to warrant such damages as claimed in this suit.
RESOLUTION OF MATTER:
I have considered the evidence before me. The issue is whether the Plaintiff has proved libel and therefore entitled to the reliefs sought against the Defendant
The defendant through his counsel cross examined the two witnesses called by the plaintiff but failed to call a witness. In AEROBELL (NIG) LTD & ORS v. FIDELITY BANK (2018) LPELR-45338(CA)
“I had earlier in the course of this judgment drawn attention to the decision of the Supreme Court on the question in the Admin & Exec. of the Estate of ABACHA v. EKE-SPIFF & ORS (Supra).
I need only further emphasize that failure to call witnesses does not necessarily translate to no evidence in support of pleadings as failure to call witnesses is not the same as failure to place evidence before the Court. Evidence elicited from a plaintiffs witness under cross-examination forms part of the case of the defendant. The law allows a party to rely on evidence he elicits by cross examination of his opponent’s witnesses as long as the evidence is in respect of facts which he pleaded. See: UCHIV & ANOR v. SABO & ORS (2015) LPELR0-40360 (CA).”Per TUKUR, J.C.A. (Pp. 24-25, Paras. F-D) –
I must also state that the fact that the defendant did not call witness does not stop the court from scrutinizing the case of the Plaintiff and to sieve same with judicial sieve. In OGUNYADE V. OSHUNKEYE (2007) ALL FWLR,(PT.389) 1179 AT 1197 PARAS. D – E (SC); (2007) 4 -5 SC 98 it is stated:
“Failure on the part of a defendant to give evidence does not automatically mean that judgment must be given in favour of a plaintiff who has a duty to prove his case. Where a plaintiff fails to prove his case on the balance of probability or on preponderance of evidence, his case will be thrown out notwithstanding the fact that the defendant did not give any evidence.” Per Mukhtar JSC.
I observed that during cross examination the defendant focused on the paid more attention to the Newspaper publication. I have taken time to peruse the said publication. Exhibit A is the publication in the newspaper – Nigeria Newspoint of Wednesday March 22, 2017 at back page which continued at page 8. The title is: “Alleged defemation of character
Amadi dares Egbu Women Association
Threatens court action if
A concerned citizen of Egbu Autonomus Community, Hon Justin Brown Amadi on Monday raised his voice over what he termed a scandalous abuse by the president of Egbu Women association, one Mrs Ogechi Osuagwu on the person of his loving wife, Mrs Pauline Amadi.
In his letter of complaints addressed to the secretary of the Association, which was copied to Eze Egbu in Council, Oha Egbu Councl, and Egbu Town Assembly, Hon. Justin Amadi alleged that the president of the Association, Mrs. Ogechi Osuagwu made derogatory remarks that were capable of tarnishing the image of his wife, during their funeral rites meeting after the death of his mother, Adaoma Esther Amadi, who passed on in January 8, 2017.
The publication went on to report:
“In his complaint, the Egbu born social crusader declared that:
”on Sunday, January 8, 2017, my mother Adaoma Esther Chizoma Amadi died.
On February 15, during when the women were according her funeral rites, the said Ogechi Osuagwu (Mrs.) was stupid, unconcerned, useless, very nonchalant to the wellbeing and progress of my late mother Esther, when she was living on this earthly plain.
The said Ogechi as the President of the Association demanded fine of Ten Thousand Naira (N10, 000) from my wife based on her assertion or allegation to make mockery of my wife.
My wife and I feel terribly debased at that sarcastic utterance which we know nothing about.
However, Mrs. Ogechi Osuagwu put up destructive criticism against my wife, which were not only false and unfounded but wicked.
I am therefore demanding that Mrs. Ogechi Osuagwu to appear before the Executive (EXCO) of Egbu Women Conference or the general house to explain herself as regards to all allegation within one week of this complaint or petition.
It should however be noted that the Statement under reference is slanderous. I count on your ability to handle the matter, if it is poorly handled I will further, I have accorded the Association desired report’’
I must state out rightly that I cannot see anything libelous in this publication. And this excuses the non-joining of the Newspaper and its staff in this suit.
Again exhibit C is the response to the letter dated 12th May 2017. It written by Egbu Women Association to the defendant demanding that the defendant retract his letter of 12th May 2017. I do not think this letter has any role to play in the determination of this matter.
Exhibit B is the offensive letter. The letter reads:
Umuakpadikw Kindred
Umuayalu Village
Egbu Autonomous Community
Owerri North LGA
Imo State
May 12th, 2017
The Secretary
Egbu Women Conference
Owerri North
Imo State
Madam,
RE:OGECHI OSUAGWU (MRS)
SCANDALOUS ABUSE BY YOUR PRESIDENT ON MY LOVING WIFE,MRS. PAULINE AMADI
A REMINDER
My letter of complaint to your association copied to Eze Egbu in Council, Egbu Town General Assembly and Newspaper Publication, Nigeria newspaper of March 9th 2017 and March 22, 2017 respectively, I refer.
On 15th February 2017 during when the women were observing my mother’s funeral rites, Ogechi Osuagwu called up my wife, Pauline and said that she was unconcerned, very nonchalant to the well being of and progress of my late mother, Esther, when she was living on this earthly plain. Ogechi Osuagwu went ahead and demanded the sum of Ten Thousand Naira (N10, 000) as fine based on her assertion or allegation to make a mockery of my wife.
My wife and I, feel terribly debases at that sarcastic utterance and destructive criticism which were not only false and unfounded but wicked.
In retrospect, Ogechi Osuagwu has been a WA-WARD WOMAN, who accelerated the death of her husband, Mr. UCHWUKA OSUAGWU. Ogechi Osuagwu was caught in the act of adultery at Ikenegbu Area of Owerri Municipal Council, where she resided, the Osuagwu family and kindred knew about this, which was reported to them by the late husband, Uchewuako, after investigation, she was sanctioned.
The association should cross check this exposition. As a matter of fact, Ogechi Osuagwu should not have been a member of Egbu Women Conference. According to your Constitution, it is rather unfortunate, shameful and disgraceful for the association to have given her the mandate to become the president of the Association.
Justice demands that Egbu Women Conference to call on the accused person, Ogechi, to put up a defence on the alleged criminal issues as stated above.
I give her and the Association one week to respond, otherwise I move further
Hon. Justin Brown Amadi
- The Bishop Egbu Diocese.”
I observe that this letter is a reminder. It referred to the letter earlier written and publication of same in the newspaper. It is in this reminder that the Plaintiff stated that his earlier letter was copied to Eze Egbu in Council, Egbu Town General Assembly. This reminder indicated that it is only copied to the Bishop Egbu Diocese.
Is the content of this reminder libelous? It has been suggested that libel is defamatory statements and/or pictures published in print or writing; or broadcast in the media, such as over the radio, on TV or in film. The publication does not need to be made to more than one person to qualify as libel. However, it must be represented as a fact, not an opinion. See SOCIETY BIC S.A. & ORS v. CHARZIN INDUSTRIES LTD (2014) LPELR-22256(SC), ANOZIA v. AG LAGOS STATE (2010) LPELR-3778(CA) In ACCESS BANK PLC v. AJAYI (2018) JELR 46296 (CA) it is stated:
“To prove libel, the claimant must establish the following:
- The words complained of must have been written;
- The publication must be false.
iii. The words must be defamatory or convey defamatory
imputation.
- The words must refer to the claimant.
- It must be the defendant who published the words;
- The onus is on the plaintiff to prove he was the one referred to in the alleged libel. See GUARDIAN NEWSPAPERS LTD & ANOR V REV PASTOR C. I. AJEH (2011) LPELR-1343(SC).
It is not in contention that there is a publication. It is also not contested that the Defendant did the publication. So it is written. When written and for it be said to have been published, it must have been published to a third party other the person against who it is written. The writing in itself is not defamation. See NSIRIM V. NSIRIM (2002) 3 NWLR (PT.755) 697. IN HIS EXCELLENCY DR. CHINWOKE MBADINUJU V. I.C.N. LTD. (2007) 15 NWLR (PT. 1058) 524 C.A. it is stated:
“The tort of libel is committed where the publication is read by a third party and not where it was written or authored or where the act complained of took place. See Ezeugwa v. Adimorah (1993) 1 NWLR (Pt. 271) p. 620; Nas v. Adesanya (2003) 2 NWLR (Pt. 803) p.97.”PER RHODES-VIVOUR, J.C.A. (Pp.13-14, Paras. F-A)
The publication here is to Egbu Women Conference through her secretary. The secretary testified as the PW2 and was cross examined. She indentified the letter which was addressed to the secretary. While the Defendant in the course of cross examination tried to show that he did not do the Newspaper publication, it was not the same with the letter of 12th May 2017. I can conveniently conclude that the words complained about were not only written, they were published by the Defendant.
Now publication to a third party is a vital ingredient of libel. Publication to a person or institution that is entitled to the publication will not support libel. A publication made to the Police for the purpose of investigation cannot support libel. See PASTOR BODE AJAYI V PRINCE SUNDAY AKINTAN FAYAN (2014) LPELR- 24344 (CA).
The particular paragraph of exhibit B that is in issue is:
“In retrospect, Ogechi Osuagwu has been a WA-WARD WOMAN, who accelerated the death of her husband, Mr. UCHWUKA OSUAGWU. Ogechi Osuagwu was caught in the act of adultery at Ikenegbu Area of Owerri Municpal Council, where she resided, the Osuagwu family and kindred knew about this, which was reported to them by the late husband, Uchewuako, after investigation, she was sanctioned”.
In VANGUARD MEDIA LIMITED & ORS V. OTUNBA ADEBIYI O. OLAFISOYE (2011) 14 N.W.L.R. PAGES 237 – 238, (2011) LPELR-8938(CA), the Court stated:
“Plethora of authorities had it that the question whether the words, complained of are, in fact, defamatory of the plaintiff, is a matter for the jury and it is for the judge to decide on the evidence adduced in support of the complaint, whether they are capable of referring to the plaintiff as well as capable of conveying defamatory meaning in the minds of reasonable persons in the circumstances of the particular case. See the cases of Knupffer v London Express Newspaper Ltd. (1944) AC 116 and Nevill v Fine Art and General Insurance Co. (1897) Ac 68. In the absence of trial by jury in our country, the trial judge has the onus of discharging the two functions.
“For the construction of the words according to fair and natural meaning to be given them by reasonable persons of ordinary Intelligence, the case of Giwa-Amu v Guardian Newspaper Ltd. supra is again in point. Also in the case of Dina v New Nigerian Newspapers (1986) 2 NWLR (Pt.22) 353 at 363, this court held thus and said:- “It is the law that where words complained of are defamatory in their natural meaning the plaintiff need prove nothing more than their publication. The onus will then lie on the defendant to prove the circumstances in which the words were used.”Per OGUNBIYI, J.C.A(P. 50, paras. D-F)
Instances where a statement without more will be taking to be libelous is where there is imputing that a person committed a crime; imputing that a person is infected with a loathsome communicable disease; imputing that a person is unable or lacks the integrity to perform one’s employment duties; imputing that a person lack ability or otherwise prejudices one in one’s profession; and imputing that a person has engaged in adultery or fornication. A statement that a person is an adulterer, a gold-digger or a drunkard may be defamatory, as may an allegation of corruption, racism, disease, insanity or insolvency. It is not in doubt that any of these statements/imputation can lower the person defamed in the estimation of right thinking members of society generally or cut him off from society or expose him to hatred, contempt or ridicule or injure his reputation in his office, trade or profession or injure his financial credit. Hence, in EDEM v. ORPHEO NIG. LTD. (2003) 13 NWLR (PT.838)537 (2003) 7 S.C. 92 it is stated
“…a defamatory imputation consists of the publication to a third person or persons of any words or matter which tend to lower the person defamed in the estimation of right thinking members of society generally or to cut him off from society or to expose him to hatred, contempt or ridicule or to injure his reputation in his office, trade or profession or to injure his financial credit. See Sim v. Stretch (1936) 52 TLR 671. Where as in a case of libel or slander actionable per se, the publication of the offensive matter is actionable without proof of actual or special damage, the law will presume that some damage flows from such publication in the ordinary course of things from the mere invasion of the plaintiff’s absolute right to reputation. See Ratcliffe v. Evans (1892) 2 QB 524. In the same vein, every libel, in particular, is of itself a wrong in respect of which the law imputes general damages. If a plaintiff proves that a libel has been published of him without legal justification, his cause of action in tort is established and he need not prove that he has suffered any resulting actual damage or injury to his reputation for such damage is presumed by the law. See Cross River State Newspapers Corporation v. Oni and Others (1995) 1 SCNJ 218 at 239.” Per IGUH, J.S.C. (P.22, paras. A-G) –
Are these assertions true? Is the publication false? Truth is an absolute defense to libel claims, because one of the elements that must be proven in a defamation suit is falsity of the statement. In ESENOWO V. UKPONG (1999) 6 NWLR (PT.608) 611; (1999) 4 S.C (PT I) 56 it is stated:
“It is trite that a true statement of fact written or said about another person can never become defamatory. The tort of libel consists in written publication of false defamatory statement concerning the plaintiff without lawful justification. See Sketch Publishing Company Ltd. and anor v. Ajagbemokeferi (1989) 1 NWLR (Pt.100) 678.”Per Achike, J.S.C.(Pp.16-17, paras.G-A)
On whom does it lie to prove the truth or falsity of the statement in a libel suit? I align myself with the view that the defamed is not and should not be expected to prove that the statement in issue was false or that it was maliciously made but simply that a defamatory statement was made about him/her. The defendant did not bring forth any evidence to show that the statement is not false.
Do the words in publication refer to the Plaintiff? The Plaintiff must show that the statement was defamatory and that it referred to her (I.e she is named or she can be identified from the information). The publication specifically mentioned the name of the plaintiff thus: “In retrospect, Ogechi Osuagwu has been a WAY-WARD WOMAN, who accelerated the death of her husband, Mr. UCHWUKA OSUAGWU. Ogechi Osuagwu was caught in the act of adultery at Ikenegbu Area of Owerri Municipal Council, where she resided, the Osuagwu family and kindred knew about this, which was reported to them by the late husband, Uchewuako, after investigation, she was sanctioned”. It is clear that the words referred to the Plaintiff.
It must be the defendant who published the words. Here the Defendant made no effort to deny the authorship of the letter of 12th May 2017. In his pleadings he admitted he wrote the letter to the Association where his wife and the Plaintiff belong. He only denied the publication made in the newspaper. I have already found that there is not libelous in the said Newspaper publication. It is my finding therefore that the Defendant and nobody else published the words in the letter dated 12th May 2017.
Let me categorically state that to state that the plaintiff is a wayward woman who accelerated the death of her husband is libelous. It is an imputation of crime. And the complaint to that effect was not made to a person or body that is statutorily empowered to investigate crime but to an Association. The simple dictionary meaning of wayward is ‘difficult to control or predict because of wilful or perverse behavior’, ‘full of caprices or whims; froward; perverse’. Again in this climes where marriage is still hallowed, at least in the open, adultery is still frowned at, it is libelous to publish that a woman is adulterous. The Holy Bible in Proverbs 2:16 stated: “Wisdom will save you also from the adulterous woman, from the wayward woman with her seductive words.”
The action of the Plaintiff succeeds and in line with my findings, the following orders are made:
- An injunction restraining the Defendant by himself, agents or the like from publishing or causing to be published in any manner the said words complained of or similar words defamatory of the Plaintiff.
- A clear and unqualified apology unto the Plaintiff retracting the letter dated 12th May, 2017, written by the Defendant, and defamatory of the Plaintiff.
- The sum of 1,000,000.00 (One Million Naira) only, as damages for the defamation of the Plaintiffs character contained in the letter dated 12th May, 2017 written by the Defendant
I so hold
I.M.NJAKA
Judge
31-3-2020
Appearances:
- Harold Opara Esq.,E.O Asiawuchi Esq., C.C.Echoke & J.A.Chijioke for Plaintiff
- Kissinger Ikeokwu Esq.,Ogbonnaya Alamba Esq. & Julius Ekeoma Esq for the Defendant