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DEFAMATION VIS-A-VIS INJURIOUS FALSEHOODS

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Defamation has been judicially, defined to embrace imputations which tend to lower a person’s dignity in the estimation of the right thinking members of the society and expose him, the person so disparaged, to hatred opprobrium odium, contempt or ridicule, see Oruwari v. Osler (2013) 5 NWLR (Pt. 1348) 535. The action is specifically anchored on injurious/malicious falsehood which signifies. “A false and injurious statement that discredits or detracts from the reputation of another’s character, property, product or business” It denotes “The common-law tort of belittling someone’s business, goods or services with remarks that are false or misleading: but not necessarily defamatory” see – Bryan A- Garner et al (eds.) Black’s Law Dictionary, 10th edition (West Publishing Co., US.A., 2014) pages 570 and 1721 respectfully. It bears the other names: – trade libel, slander of goods/title. It is an economic tort that attacks proprietary interest of citizens.

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

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defamation, injurious falsehood

TRUTH IS JUSTIFICATION FOR DEFAMATION

The law of defamation in this country has not changed even by latest developments in law. A man is entitled to his good name and to be called what he is. But if in a man’s life he happens to have a blur and that blur is with the sanction of law recognised as such, it is no libel to point it out, even if it is done for mischief. That a man is entitled to the estimation he stands in the opinion of others is qualified only if what is said of him is false and thus lowers that estimation. But to say what is true, even if not obvious, that a man has been once convicted of a criminal offence attracting jail sentence, will not be defamatory if in fact that person has been so criminally convicted.

— Belgore, JSC. Din v. African Newspapers (1990)

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DEFENSE OF ABSOLUTE PRIVILEGE TO DEFAMATION

Nwaenang v. Ndarake & Ors. (2013) LPELR – 20720 (CA): “I should state that the law on defamation or libel has recognized situations which would constitute a complete defence to an action or defamation or libel. For instance, there are occasions on which the law regards the freedom of speech as essential and provides a defence of absolute privilege which can never be defeated no matter how untrue the words or statement may be. Such occasions includes when the words or statement were said or made in parliament….words or statements said or made in the course of judicial proceedings by judges, counsel, witnesses and other officials or persons which relates to the proceeding…”

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IMPUTATION OF CORRUPTION ON A MAN IN OFFICE IS DEFAMATORY

It is settled law that it is defamatory to impute to a man in any office, whether public or private, any corrupt, dishonest or fraudulent conduct or other misconduct or inefficiency in it or unfitness or want of ability to discharge his duties. See the case of CITIBANK NIGERIA LIMITED v. IKEDIASHIO (2014) 7 CLRN (CA).

— A.O. Obaseki-Adejumo, JCA. Gbemre v Gbemre (2023) – CA/AS/114/2020

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TRUTH OF A DEFAMATORY STATEMENT IS JUSTIFICATION

One of the defences available to a defendant in an action for libel is that of justification. It is therefore a complete defence to an action for libel or slander that the defamatory imputation is true. The truth of the imputation is an answer to the action because the law presumes that the plaintiff has no right to a character free from that imputation if he has no right to it. He cannot in justice recover damages for the loss of it. He is not entitled to benefit from the loss of a reputation he is not entitled to and as such the allegation in a defence that the words complained are true is therefore called a plea of justification. A defence of justification is therefore a complete bar to any relief sought by a party who complains of defamation. It is appropriately described in the Latin maxim: damnum absque injuria.” Until it is clearly established that an alleged libel is untrue, it will not be clear that any right at all has been infringed: See Registered Trustees of Amore v. Awoniyi (1991) 3 NWLR (Pt. 178) 245 at 257.

— Akintan, JSC. Iloabachie v Iloabachie (2005) – SC.137/2000

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INGREDIENTS OF INJURIOUS FALSEHOODS

In Newbreed Org. Ltd. v. Erhomosele (2006) 5 NWLR (Pt. 974) 499, the locus classicus on injurious falsehood, the Apex Court confirmed the essential elements of this tort, videlicet: (a) That the words complained of were untrue (b) That they were published maliciously (c) That the plaintiff has thereby been caused damage.

— O.F. Ogbuinya JCA.Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

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THE DEFENCE OF QUALIFIED PRIVILEGE

The defence of qualified privilege is a defence to an untrue publication. It can only be claimed however when the occasion of the publication is shown to be privileged. An occasion is privileged when the person who makes the documentation has a moral duty to make to the person to whom he does make it and the person who receives it has an interest in hearing it. Both these conditions must exist in order for the occasion may be privileged. See the case of MAINSTREET BANK LIMITED & ANOR v. DOMINIC BINNA (2016) LPELR-48351 (SC).PUNCH (NIG) LTD V OVBEREDJO (2018)LPELR-44540(CA) The defence of qualified privilege will not avail a defendant if there is evidence of actual or express malice. If the action of the defendant is actuated by malice. See the cases of UKO v. MBABA (2001) 4 NWLR (PT 704) 460 CA; CHIEF S. B. BAKARE & ANOR v. ALHAJI ADO IBRAHIM (1973) 6 SC 147 @ 152-153.

— A.O. Obaseki-Adejumo, JCA. Gbemre v Gbemre (2023) – CA/AS/114/2020

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