Importance of Publication in Establishing the Tort of Defamation

INTRODUCTION:

This appeal borders on the Tort of Defamation.

FACTS:

This is an appeal against the judgment of the Delta State High Court of Justice sitting at Warri (trial Court).

A brief fact of the case is that the Respondent as the Claimant at the trial Court commenced the suit by the Writ of Summons and a Statement of claim filed on the 22nd day of March, 2018 and claimed the following reliefs:

a) A prompt and prominent retraction of the publications accompanied by an unconditional apology to the claimant, Hon. Justice Godwin Ejaete Gbemre.

b) The said retraction and apology are to be published on the defendant’s Facebook wall, filed in the Registry of the High Court of Justice, Warri Judicial Division, and given wide and prominent publicity as defamatory publications.

c) The sum of N250,000,000.00 (Two Hundred and Fifty Million Naira) as compensation and/or reparation for the injury to the Claimant’s reputation as a result of the damaging publication.

d) An order of perpetual injunction restraining the Defendant by himself, or by his servants, agents or otherwise howsoever from the publication of the said words or any of them or of any similar words in any format whatsoever.

The Appellant as the Defendant at the trial Court filed a Statement of defence dated the 14th day of January, 2019 in reply to the Claimant’s Statement of Claim and urged the Court to dismiss the suit.

​By his pleadings, the Respondent’s case before the trial Court was that the Appellant had sent him two (2) text messages via his Globacom Line (08052106013) on the 6th day of August, 2017 which were false, malicious, defamatory, and injurious to his reputation, status and position as a Judicial Officer (Judge of the Delta State High Court). That the text messages were published and widely circulated to the following persons; Chief Judge of Delta State, Chief Kenneth Gbagi, Chief Moses Odibo, Attorney-General and Commissioner of Justice, Delta State, Commissioner of Police, Delta State, and Mr. Ray Ukueku amongst others. That the Appellant wrote a Petition against him to the National Judicial Council (NJC).

The Appellant’s case was that the Respondent had imposed one Mr. James Mukoro as Chairman of Iwhrekan Community when it was not supposed to be. He and the Respondent are related and were in very good terms before June 2017. That the Respondent had earlier sent him various text messages on the 6th day of August, 2017 and he sent the two (2) text messages in issue as a response to the disagreement between them. That the text messages and Petition were not injurious as the Respondent successfully retired as a Judge of Delta State High Court on the 24th day of March, 2018.

Three (3) witnesses including the Respondent testified in support of the Respondent’s case. The Appellant testified solely in his defence.  In the judgment delivered on the 8th day of May, 2020, the learned trial judge gave judgment in favour of the Respondent.

The Appellant being dissatisfied with the judgment of the trial Court filed the instant appeal.

CASE TITLE: Gbemre v. Gbemre (2023) LPELR-60532(CA)

JUDGMENT DATE: 2ND JUNE, 2023

PRACTICE AREA: TORT (DEFAMATION)

LEAD JUDGMENT: ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.

ISSUES FOR DETERMINATION:

The Court considered the appeal on the following two issues for determination:

“1. Whether the Respondent proved his claim of defamation against the Appellant and whether the lower Court properly evaluated the entire evidence adduced in the case?

2. Whether or not the defences of justification and qualified privilege avails the Appellant in this suit?”

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

• TORT – DEFAMATION – Definition of defamation
• TORT – DEFAMATION – Whether publication to a third party is important in establishing defamation
• TORT – DEFAMATION – What a plaintiff must prove in an action for defamation
• TORT – DEFAMATION – Whether it is defamatory to impute fraudulent conduct/misconduct/inefficiency to a person in any public or private office
• TORT – DEFAMATION – Duty of a Court in an action for defamation
• TORT – DEFAMATION – Whether the Court will award general damages once the publication of defamation is established
• TORT – DEFAMATION – What a defendant relying on the defence of justification must establish
• TORT – QUALIFIED PRIVILEGE – What the defence of qualified privilege entails
• TORT – QUALIFIED PRIVILEGE – Circumstance where a defendant will not be entitled to the defence of qualified privilege