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PUBLICATION IS A REQUIREMENT TO SUCCEED IN DEFAMATION

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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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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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A COMPANY CAN SUE FOR DEFAMATION

The dismal effect of defamation/injurious falsehood on a persona ficta, like the first respondent, was graphically captured in Oduntan vs. General Oil Ltd. (1995) 4 NWLR (Pt. 387) 1 at 14 wherein the Apex Court declared: A company can sue for defamation. It has reputation and goodwill, which can be protected. An injury to its reputation can lead to loss of its goodwill. The Courts will, in appropriate cases, protect the reputation and goodwill of a company by award of damages and injunction. While it is true that a company, being an artificial person, is incapable of having natural grief and distress, this does not mean the same thing as its reputation in the way of its trade and business. See, also, C.S.S. & D.F, Ltd vs. Schlumberger (Nig,) Ltd (Supra).

— 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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CHARACTER IS PUT IN ISSUE IN A TORT OF DEFAMATION SUIT

The tort of defamation, whether libel or slander, relates essentially to damages to the character of the person. In other words a plaintiff who institutes an action for libel has invariably put his character in issue. He is understood to be telling the whole world what a good person he is, and stating that some one is trying to destroy his enviable good name. He puts his reputation at stake depending of course on what the defamation is all about. In the course of consideration of the case but particularly as in this case where the appellant has shown through his pleadings what a person of great repute and of unblemished character he is, he has literally thrown his hat on the ring, caution to the wind, and dares the defamer to disprove his good and admirable character. Where in the process of the proceedings, facts elicited in the evidence portray him as an inveterate liar incapable of distinguishing truth from falsehood he might have unwittingly succeeded by his inconsistent statements and falsehoods destroyed his character which he has held out to the world to be clean. In such a case he cannot complain if the court finds out that he is a chronic, or penitus insitus liar.

— Pats-Acholonu, JSC. Iloabachie v Iloabachie (2005) – SC.137/2000

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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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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

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