The Lagos Division of the Court of Appeal has upheld the
dismissal of a N1.5bn libel suit instituted by Governor of Enugu State, Mr.
Sullivan Chime, against The Guardian Newspaper and Chief Okechukwu Ezea, his
opponent in the 2007 gubernatorial election.
dismissal of a N1.5bn libel suit instituted by Governor of Enugu State, Mr.
Sullivan Chime, against The Guardian Newspaper and Chief Okechukwu Ezea, his
opponent in the 2007 gubernatorial election.
The appellate court, in a lead judgement delivered by
Justice Rita Pemu on Friday, said
Justice Kazeem Alogba of the Lagos State High Court, was right in dismissing Chime’s libel suit for lack of
merit.
Justice Rita Pemu on Friday, said
Justice Kazeem Alogba of the Lagos State High Court, was right in dismissing Chime’s libel suit for lack of
merit.
The governor had instituted the suit claiming
damages in the sum of N1.5bn from Ezea
and The Guardian Newspapers Ltd.
damages in the sum of N1.5bn from Ezea
and The Guardian Newspapers Ltd.
Chime had alleged that
Ezea defamed him through a
publication on page seven of The
Guardian Newspaper of August 14, 2007.
Ezea defamed him through a
publication on page seven of The
Guardian Newspaper of August 14, 2007.
According to Chime, Ezea had defamed him by publishing in the newspaper that he had plotted to kill him.
Ruling on the suit, Justice Alogba of the lower court, had
however, dismissed the suit for lack of merit and awarded a cost of N100, 000
against Chime.
however, dismissed the suit for lack of merit and awarded a cost of N100, 000
against Chime.
Dissatisfied with the judgment, the ex-governor, through his
counsel, Dr. Gbolahan Elias (SAN), had approached the appellate court seeking
to upturn the judgement.
counsel, Dr. Gbolahan Elias (SAN), had approached the appellate court seeking
to upturn the judgement.
On
Friday however, the appellate court, while upholding Justice Alogba’s decision,
held that Chime’s suit could not be sustained.
Friday however, the appellate court, while upholding Justice Alogba’s decision,
held that Chime’s suit could not be sustained.
Justice Pemu said Chime ought to have called the witnesses
that attended the press conference where the defamatory statements were
allegedly uttered.
that attended the press conference where the defamatory statements were
allegedly uttered.
The
judge aligned with the argument of first
respondent’s counsel, Dr. Joseph Nwobike (SAN), that the appellant failed to
prove that the first respondent even uttered the defamatory statements.
judge aligned with the argument of first
respondent’s counsel, Dr. Joseph Nwobike (SAN), that the appellant failed to
prove that the first respondent even uttered the defamatory statements.
Justice
pemu further noted that the appellant
had not attached any weight to a similar
publication in the Vanguard Newspaper, whereas he had sued The Guardian.
pemu further noted that the appellant
had not attached any weight to a similar
publication in the Vanguard Newspaper, whereas he had sued The Guardian.
Consequently, the court awarded a cost of N30, 000 against
the appellant.
the appellant.
The
governor had in his appeal, submitted that the lower court erred in law when it
held that the appellant failed to prove that Ezea uttered the defamatory
statements complained of.
governor had in his appeal, submitted that the lower court erred in law when it
held that the appellant failed to prove that Ezea uttered the defamatory
statements complained of.
He
further submitted that the lower court erred when it held that the words
published in The Guardian newspaper were incapable of defaming him.
further submitted that the lower court erred when it held that the words
published in The Guardian newspaper were incapable of defaming him.
Chime had in his statement of claim, accused Ezea of
addressing a press conference in August 2007, attended by numerous
representatives of the press in Abuja, where he allegedly accused him of plots
to kill him.
addressing a press conference in August 2007, attended by numerous
representatives of the press in Abuja, where he allegedly accused him of plots
to kill him.
The governor averred that his personal reputation had been
seriously tarnished, adding that he had suffered considerable distress and
embarrassment from such libelous assertion.
seriously tarnished, adding that he had suffered considerable distress and
embarrassment from such libelous assertion.
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