BELLO, CJN (Delivering the Leading Judgment): The Complainant was a judicial officer as a Judge of the High Court of the former Bendel State. He retired as such on 30th September, 1977. On the 11th of April, 1990, he instituted in the High Court of Lagos State a private prosecution against the defendant upon five charges of publication of defamatory matters of him in the Vanguard Newspaper in its issue of 17th of February, 1990 and thereby committed an offence in respect of each charge contrary to section 375 of the Criminal Code of Lagos State.
Before the trial of the case, the defendant raised a preliminary objection that having regard to the decision in Akilu v. Fawehinmi (No.2) (1989) 2 NWLR (Pt.102)122, the complainant had no locus standi to institute criminal proceedings in Lagos against the defendant by way of private prosecution. Also, suo motu Kessington J. before whom the preliminary objection was taken raised another preliminary issue on the interpretation of section 256(2…