SULU-GAMBARI, J.C.A. (Delivering the Leading Judgment): In this case, the plaintiff/appellant had sued the 1st defendant (Hon. Justice E.O.
Fakayode, Rtd.) and the New Nigerian Newspapers Limited as the 2nd defendant in the High Court of Justice, holden at Ibadan, before Hon. Justice Akin. Apara for libel contained in an article in the New Nigerian Newspaper published by the 2nd defendant in the following terms:
"The former Chief Judge said that he first heard of the case in 1982 at a time he was about to determine the appointment of some new Judges and discovered one of those to be consideredwas involved and as such he raised objection.
There Mr. Justice Fakayode further told the New Nigerian that he discovered in the file that the D.P.P., Chief Ajileye, whose name was among those to be screened for the appointments was the very officer who signed the papers of advice to the Governor in the case. He added that Chief Ajileye admitted that as D.P.P.he did not know if an appellant has such…