DEFAMATION

• Date: 06 February 2019

(1) "Black’s Law Dictionary, 7th edition, defines defamation as - ‘the act of harming the reputation of another by making a false statement to a third person." - Per Amaizu, J.C.A. in Anate v. Sanusi Suit No. CA/IL/6/99; (2001) 27 W.R.N. 26 at 47; (2001) 11 N.W.L.R. (Pt. 725) 542 at 561.

(2) "Defamation as defined in Gatley on Libel and Slander 8th Edition on page 6, paragraph (4) is: - "Any imputation which may tend to lower the plaintiff in the estimation of right-thinking members of society generally," to cut him off from society or to expose him to hatred, contempt or ridicule, is defamatory of him". Exhibit "1" the Nigeria Voice of 21st October, 1983 that bore the publication complained of has on its very front page - N4.5m Project lie waste," and then immediately under the above, another heading: - "Contractor absconds with N1.46m mobilization fee." The first impression one has of the latter Statement is simply put that a contractor has fled with the amount of money mentioned therein. It thus portrayed the Contractor referred to as a criminal who misapplied the money. The very sensational tone of the heading is bound to arouse the curiosity of the reader to read the remaining part of the article, and on reading it to the end it leaves no one in doubt that the Contractor referred to in the headline is Alhaji Umaru Gwagwada - The respondent. The last paragraph of the article read: - "Efforts to contact Alhaji Umaru Gwagwada, the Contractor handling the project for his comments proved abortive. " The very heading complained of is in itself prima facie defamatory. The headline is to my mind, capable of exposing the respondent to hatred, contempt or ridicule." - Per Mukhtar, J.C.A. in B.P.P.C. v. Gwagwada Suit No. CA/J/15/88; (1989) 4 N.W.L.R. (Pt. 116) 439 at 449 - 450.

(3) "An imputation can be defamation whether it is believed by those to whom it was published or not. In case of libel or slander, which is actionable per se, the publication or the matter containing defamatory imputation is actionable without proof of damages. The law presumes that damages flows from such publication. This Court had this to say in the case of Daniel Esika & 3 Ors. v. Godwin Medolu (1997) 2 N.W.L.R. (Pt. 485) 54 - per Edozie, J.C.A. at page 68: - "It is a statement which has a tendency to injure the reputation of the person to whom it refers, which tends, to lower him in the estimation of right thinking members of society generally and in particular to cause him to be regarded with feeling of hatred contempt, fear, dislike or dis-esteem. The statement is judged by the standard of an ordinary, right- thinking members of society. Hence the test is...