FAIR COMMENT IN RELATION TO DEFAMATORY ACTION

• Date: 06 February 2019

(1) "As I have said one of the defences put up by the defendants/respondents is fair comment which in practical term is a conglomeration of critical opinions expressed on matters of public interest such as the criticism of government and its functionaries. I go further to say that law protects fair comment and criticism on matters which have become public property. To avail himself of the defence of fair comment, a defendant must ensure that the facts are correctly and fairly stated or that the premises upon which the comment is based is the whole truth of the matter. If the basic facts upon which the plea of fair comment is predicated are not true, then that defences is not open to the defendant see (1) African Newspapers of Nigeria Ltd. v. Coker (1973) 5 S.C. 257 and (2) Bardi & Anor. v. Maurice (1954) 14 W.A.C.A. 414." - Per Aderemi, J.C.A. (as he then was) in Akomolafe v. Guardian Press Ltd. Suit No. CA/L/495/ 2001; (2004) 1 N.W.L.R. (Pt. 853) 1 at 14 -15.

(2) "A comment is a statement of opinion on facts. It includes the commentator’s views on the matter. In order that a comment is fair, it must be based on facts truly stated and honest expression of the commentator’s real opinion. In other words, the commentator bona fide believes in the authority of the comment and is not actuated by malice. A mala fide comment predicated on organised vendetta will not found a defence of fair comment. In order to hold a comment as fair, the Court must not be left in doubt as to the genuine intentions of the commentator in conveying the libel to the public. The words "public interest" are not only large but also generic, loaded and vague and therefore not capable of a precise legal meaning, unless tied up to a given situation. In determining whether a matter is of public interest, the Court will examine the circumstances of the publication as a publication and the effect a non- publication could have had on the public. The more positive way of looking at it is this. What interest or benefit will the public derive from the publication? In arriving at an answer, the Court should be able to draw a cleavage between a comment which is of a community interest as opposed to one which is only of a domestic interest. While the former will qualify as public interest (and here the word is used embrasively to cover the entire public), the latter will not qualify as public interest." - Per Tobi, J.C.A. in U.B.N. v. Oredein. Suit No. CA/L/154/87; (1992) 6 N.W.L.R...