JUSTIFICATION IS A DEFENCE TO DEFAMATION

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…”

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

EFFECTS OF DEFAMATORY STATEMENTS TO BE PROVED

Similarly, the tort of defamation has to do with injury to the reputation of a person resulting from words written or spoken by others against him. A defamatory statement has the following effects: (a) To lower the plaintiff in the estimation of right thinking members of the society generally; or (b) To expose him to hatred; contempt or ridicule; or (c) To cause other persons to shun or avoid him; or (d) To discredit him in his office, trade or profession; or (e) To injure his financial credit. Thus, to succeed in an action for libel, the plaintiff, must establish the aforementioned as the effects of the defamatory publication of him. See Olaniyi v. Elero (Supra) at 983 Paras A-C. … Generally, the onus is on the plaintiff to show that the published words complained of are defamatory or that they convey a defamatory imputation. However, where the words complained of are defamatory in their natural and ordinary meaning, the plaintiff has no legal duty to lead any evidence to show additional defamatory meaning understood by persons possessing some particular facts.

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

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

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

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