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(2026) JELR 114860 (SC)

Supreme Court 20 Feb 2026 Nigeria
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- The case arose from a defamatory claim filed in the High Court of Lagos State by respondents against former employees and a non-employee spouse, following email and WhatsApp publications related to the employment relationship, post-termin

Case Details

Suit Number:SC.CV/899/2025
Judges:Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC John Inyang Okoro, JSC Helen Moronkeji Ogunwumiju, JSC Adamu Jauro, JSC Jummai Hannatu Sankey, JSC Obande Festus Ogbuinya, JSC Stephen Jonah Adah, JSC
Counsel:Olajide Salami, Esq., with him, T.A. Bamisaye, Esq., Emeka Ananyi, Esq. and Adedeji O., Esq. For Appellants Olabisi Mankonjuola, Esq., with him, Daniel Peter, Esq., Obed Soludo, Esq. and Omonye E., Esq. - for 1st - 3rd Respondents Mustapha O. Ajenifuja, Esq., with him, Idris Ishola, Esq., O. Muritala, Esq., and Ibrahim Abubakar, Esq. - for 4th Respondent AMICI CURIAE: Abimbola Akeredolu, S.A.N., with him, Johap Agbo, Esq. and Samson Obiora, Esq. as Amicus Dr. Oladapo Olanipekun, S.A.N., with him, Michael Akinleye, Esq., Chika Ikeh, Esq. and Ebube A., Esq. as Amicus Inam Wilson, S.A.N, with him, I. Adekunle, Esq., and I.O. Uwaifo, Esq. as Amicus Prof. Emmanuel A. Kenen, Esq., with him, Dr. Matthew Afonko, Esq. as Amicus.

STEPHEN JONAH ADAH, J.S.C. (Delivering the Lead Judgment): The lower Court, being the Court of Appeal, Lagos Judicial Division, in its ruling delivered on the 4th day of August, 2025, granted the Motion on Notice brought pursuant to Section 295(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Order 6 Rule 1 of the Court of Appeal Rules, 2021, filed by the applicants/appellants, and consequently referred certain questions to this Court for determination. 

The reference was made in exercise of the powers conferred by Section 295(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which provides as follows: 

(3) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Court of Appeal and the Court is of opinion that the question involves a substantial question of law, the Court may, and shall, if any party to the proceedings so requests, refer the question to the Supreme Court …

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