Can a Complaint Made to the Police Amount to Libel?

CASE TITLE:  SHUAIBU v. ABUJA & ORS (2024) LPELR-62247 (CA)

JUDGMENT DATE: MAY 17, 2024

PRACTICE AREA: TORT LAW

LEAD JUDGMENT: OKON EFRETI ABANG, J.C.A.

SUMMARY OF JUDGMENT: 

INTRODUCTION:

This appeal borders on Defamation.

FACTS:

This appeal is against the judgment of the High Court of Niger State delivered in favour of the Respondents on 7th March 2014.

The Appellant and the Respondents had a dispute over a piece of land situated in Suleja, Niger State, over its ownership. While the case was still pending in Court, the appellants visited the said piece of land in company of his brother, Josiah Bulus, and two of his friends, Malam Suleman and Alhaji Usman Tella. The visit was necessitated by the information made available to the appellant that some people were encroaching on the land. The Respondents got wind of the visit the appellant’s of the piece of land believing that the appellant was about to sell the land, consequently, the Respondents rushed to the land and confronted the appellant with the allegation that he was about to sell the land and the appellant denied the same. Parties had an altercation and the matter was then reported to the Divisional Police Station Suleja who in turn directed that the matter be reported to Court as the issue relating to the title to the said piece of land was already in Court.

On November 8, the appellant then filed a direct criminal complaint at the Magistrate Court Il, Suleja against the Respondents alleging threat to life and criminal intimidation. The Magistrate later referred the matter to the Police for investigation. Parties then went to the Police and made statements as contained in exhibit B in evidence. After the parties’ statements were obtained by the Police, both the appellant and the Respondents were arraigned by the Police before the same Magistrate Court II Suleja, Niger State.

Further to the above, the Respondents as Plaintiffs commenced the suit leading to this appeal against the Appellant as Defendant in a writ of summons dated the 12th June, 2021 and filed the same day claiming the following reliefs against the appellant as follows;

(1) The sum of N10,000,000.00 only as damages for libel

(2) A perpetual injunction restraining the Defendant, his agents, assigns, privies or whosoever from further acts of libel against the Plaintiffs

(3) An order of Court directing the Defendant to apologise to them by publication. The sum of 2 million naira only as cost of the action.

Parties filed and exchanged their pleadings with all front loaded processes. The matter proceeded to hearing.

At the end of trial, the trial judge delivered his judgment in favour of the Respondent. Aggrieved by the decision of the trial Court, the Appellant appealed to the Court of Appeal.

ISSUE(S) FOR DETERMINATION:

The appeal was determined on the following issues:

(1) “Considering the pleadings of the Respondents and the fact that exhibit B was recorded by PW6, can it be said that the Respondents successfully pleaded and proved the publication of the alleged defamatory statement.”

(2) “Whether based on the state of the pleadings of the parties and the evidence led at the trial, the trial Court was not wrong when it held that the Respondents proved that the appellant’s statement to the Police was defamatory of the Respondents.”

(3) “Was the defence of qualified privilege not apparent on the pleadings of the parties and the evidence led at the trial so as to avail the appellant and insulate him from tortious liability for defamation.”

DECISION/HELD:

On the whole, the appeal was allowed.

RATIOS:

• TORT- DEFAMATION: What a plaintiff must prove in an action for defamation
• TORT- DEFAMATION: Importance of proof of publication in an action for defamation
• TORT- DEFAMATION: Whether a complaint made to the Police can amount to libel
• TORT- DEFAMATION: Essential ingredients or elements a plaintiff must prove to succeed in an action for libel
• TORT- DEFAMATION: Whether proof of publication and evidence of reaction of a third party to same is essential in proving the tort of libel; effect of failure to prove same
• TORT- DEFAMATION: Whether words alleged to be libelous must be specifically pleaded; effect of failure
• TORT- QUALIFIED PRIVILEGE: When the defence of qualified privilege will apply; how same can be defeated
• TORT- DEFAMATION: Meaning and nature of libel

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