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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

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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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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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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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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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 OF A DEFAMATORY STATEMENT IS JUSTIFICATION

One of the defences available to a defendant in an action for libel is that of justification. It is therefore a complete defence to an action for libel or slander that the defamatory imputation is true. 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 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 and as such the allegation in a defence that the words complained are true is therefore called a plea of justification. A defence of justification is therefore a complete bar to any relief sought by a party who complains of defamation. It is appropriately described in the Latin maxim: damnum absque injuria.” Until it is clearly established that an alleged libel is untrue, it will not be clear that any right at all has been infringed: See Registered Trustees of Amore v. Awoniyi (1991) 3 NWLR (Pt. 178) 245 at 257.

— Akintan, JSC. Iloabachie v Iloabachie (2005) – SC.137/2000

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