MUSDAPHER, JCA (Delivering the Lead judgment): This matter has suffered a chequered, prolonged and protracted history. The suit was filed in 1989 at Idah High Court, formally of Benue State, now of Kogi State. In the suit Dr. Jeremiah O.A. Abalaka, as the plaintiff, claimed against Dele Alake, the Editor of the Sunday Concord, Bode Akindele, the correspondent of the Newspaper and Concord Press Nigeria Ltd. as the Printer and Publisher, jointly and severally as the 1st, 2nd and 3rd defendants (a) the sum of five million naira (N5,000,000.00) as damages for libel contained in the issue of the Sunday Concord of 18th June, 1989 and (b) an order of injunction restraining the defendants from further publication of the said or similar defamatory material of the plaintiff.
During the proceedings before the trial Judge S.O. Ochimana J., to be precise on 18/1/1991, the trial Judge caused his solicitors to write to the Editor of the Sunday Concord, bitterly complaining about a publication conta…