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RELYING ON THE PLEA OF DEFENCE OF JUSTIFICATION

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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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defamation

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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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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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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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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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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