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TRUTH IS JUSTIFICATION FOR DEFAMATION

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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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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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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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WHAT NEED BE PROVED TO SUCCEED IN DEFAMATION

It is trite that for a claimant to succeed in an action for defamation, he needs to prove the following; (a) That the words are defamatory which exposes him to hatred, ridicule, contempt in the estimation of right thinking members of the society and has the tendency to injure his reputation, profession or trade. That the false words referred to him (the Plaintiff) and are to discredit him. (b) (c) That the words were published (to at least one person other than the plaintiff). It is the position of the law in the case of STEPHEN EMMANUEL v. CHRISTIANA FELIX & ORS (2022) LPELR-57960 (CA) that; “It is indeed the correct position of law that at least one witness must be called who actually perceived the defamatory words by reading the written words or by hearing in its oral form.” See also the case of OKECHUKWU v. UBA PLC & ANOR (2017) LPELR-43100 (CA).

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

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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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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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