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DEFENSE OF ABSOLUTE PRIVILEGE TO DEFAMATION

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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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defamation

DEFAMATION VIS-A-VIS INJURIOUS FALSEHOODS

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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RELYING ON THE PLEA OF DEFENCE OF JUSTIFICATION

It is trite that for a defendant to rely on a plea of Justification, the words spoken or written must be true. The defence of justification is made out the moment a defendant establishes that the alleged libelous words are true. All the defendant has to do, is to justify the substance of the publication by showing that the main charge or gist of the libel is true. See the case of RAFIU AJIBOLA OKIKIOLA OGBARA v. KAZEEM OLORUNIMBE OGBARA (2022) LPELR-59307(CA). A plea of justification means that the libel (defamatory words) is true, not only in its allegation of facts but also in any comment made there on. The defendant who pleads justification is required to deliver full particulars of the facts and matters upon nich he relies in support of such a plea inits statement of defence and the evidence at the trial in support of this plea of justification. See the case of FIRST BANK OF NIGERIA V. GHANNY INTERNATIONAL LIMITED & ANOR (2022) LPELR-58083 (CA). The defendant must prove that the statement made is true in substance and fact, irrespective of whether the statement was made out of malice or as fair comment. The duty of proving the truth of the statement is on the defendant, and the plea of justification must be broad enough to cover every injurious imputation contained in the libel.A summary is that he must justify his action. Strict proof is required not a mere ipsi dixitin pleadings.

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

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ACTUAL DEFAMATORY WORDS MUST BE STATED IN THE PLEADINGS

More so, it is of necessity in an action for defamation either libel or slander, that the actual words complained of and not merely their substance must be set out verbatim in the statement of claim. It is on the perusal of the actual words complained of as pleaded that the court will determine whether or not the words convey defamatory meaning. Failure to plead such actual words is fatal to the plaintiff’s case. See. Olaifa v. Aina (1993) 4 NWLR (Pt286) 192; Okafor v. Ikeanyi (1979) 1 NWLR (Pt. 100) 678; Olaniyi v. Elero (2008) All FWLR (Pt.411) 975 at 986 Paras C-E.

— S.D. West, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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JUSTIFICATION IS A DEFENCE TO DEFAMATION

Defamation however, is not without a defence. Justification is a complete and a veritable defence to an action for libel or slander, that the defamatory imputation is true. Simply put, 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, and 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. See Iloabachie v. Iloabachie (Supra) at 517 paras A-D; Amorc v. Awoniyi (1991) 3 NWLR (PT. 178), 245.

— S.D. West, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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PUBLICATION IS A REQUIREMENT TO SUCCEED IN DEFAMATION

It is the settled position of the law that defamatory words are actionable once it is libelous and has been published to a 3rd party. Publication is one of the basic ingredients of defamation. For a Claimant/plaintiff to succeed in libel there must be proof by evidence of publication to a third party and the reaction of the 3rd party to such publication. See the cases SKETCH PUBLICATIONS LTD v. AJAGBOMKEFERI (SUPRA), NSIRIM v. NSIRIM (SUPRA).

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

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DEFINITION OF DEFAMATION

In resolving Issue 1, the courts especially the Apex court have in plethora of cases judicially defined defamation as: “a tort whether libel or slander, it is any written words in a permanent form or printed article which is published to a third person or persons without lawful justification or excuse which tends to lower the person defamed in the estimation of right thinking members of the society or to expose him to hatred, contempt, ridicule or to injure him in his profession, office or trade or to injure his financial credit”. See the cases of SKETCH PUBLICATIONS LTD v. AJAGBOMKEFERI (1989) 1 NWLR (PT.100) 678 SC, NSIRIM v. NSIRIM (1990) 3 NWLR (PT.138) 285 @ 297, CHILKIED SECURITY SERVICES AND DOG FARMS LIMITED V. SCHLUMBERGER NIGERIA LTD (2018) LPELR-44391 (SC), STEPHEN EMMANUEL V. CHRISTIANA FELIX & ORS (2022) LPELR-57960 (CA).

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

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