“It is a fundamental principle of fair hearing enshrined in Section 36 (1) of the Nigerian Constitution that no one should be condemned unheard. See: Kenon v. Tekam (2001) 14 NWLR (Pt. 732) 12.” Per AKA’AHS, J.S.C. at P. 11, Para. B.
ALHAJI A.R. SULE v. MR. J. ORISAJIMI (2019-LCER-36837-SC)
Facts
The Respondent commenced this suit by a Writ of Summons dated 30th December 1999 claiming One Million Naira (N1,000,000.00) damages for alleged libel committed by publication in a document dated 18th August, 1997. The case of the Respondent was that he was employed by the 3rd Appellant in 1992 as a Principal Instructor Grade II. His appointment was later terminated by the Appellants through Exhibit P5. However, in paragraph 4 of the Exhibit, the 3rd Appellant expressed appreciation for the service of the Respondent during his tenure. The Respondent subsequently secured another employment at the Federal Polytechnic, Offa and applied to the 3rd Respondent for the transfer of his cumulative service.
In response to the request, the 3rd Appellant published a statement to the effect that the Respondent was involved in examination malpractices and financial impropriety. This statement was then published to the Federal Polytechnic, Offa without soliciting for same as contained in Exhibit 2. Consequently, the Respondent’s employment was terminated. At trial, the Court gave judgement in favour of the Respondent on the ground that he had proved his claim and that the defences of justification and absolute privilege did not avail the Appellants on the ground that they did not prove the truth of the allegations of examination malpractice against the Respondent. The Appellant appealed to the Court of Appeal which also dismissed the appeal and confirmed the judgment of the trial Court in a majority decision, with Aboji John Ikongbeh, JCA dissenting. Still being dissatisfied, the Appellant filed the instant appeal.
Issues
1) Whether the learned Justice of the Court of Appeal in their majority decision were right in holding that the Court has jurisdiction to hear and determine the suit which culminated in this appeal.
2) Whether the learned Justices of the Court of Appeal in their majority decision were right in holding that the defence of qualified privilege which was not pleaded cannot avail the Appellants.
3) Whether the learned Justice of the Court of Appeal were right in holding that the Respondent had discharged the onus on him to prove libel.”
Lead Judge(ment)
SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment):
Held
Unanimously dismissing the appeal.
Alternate Citations
Read Full Judgment
Counsel:
Ganny Ajape……For Appellant
And
…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.