FAYOSE
V.
INDEPENDENT COMMUNICATIONS NETWORK & ORS

(2012) JELR 39162 (CA)

Court of Appeal · CA/AE/58/2010 · 30 Mar 2012 · Nigeria

CORAM

SOTONYE DENTON WEST JCA CHIDI NWAOMA UWA JCA TOM SHAIBU YAKUBU JCA

Ratio Decidendi

Core Terms ^Beta

respondents

learned trial judge

issues

appeal

trial court

brief of argument

mr. ajayi

notice of preliminary objection

records of appeal

defence of justification

favour of the respondents

ground iv

hearing of the appeal

issue no.

leave of this court

report of the state security services

rules of this court

said exhibit

said publication

trial

admissible evidence

cross-examination

evidence of the appellant

j.c.a

local government

mr. owoseni ajayi

news magazine

paras e-g

said magazine

action of the appellant

appeal mr. femi falana

appellant see

appellate court finds

determination of the learned trial judge

findings of the learned trial judge

ground vi

high court of justice

honourable trial court

honourable trial judge

leading judgment

libelous publications

reliance of the learned trial judge

respect of certain utterances of the appellant

staff of the state security services

TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): On the 19th March, 2009, the High court of Justice, Ado-Ekiti presided over by A.S. Daramora, J., dismissed the action of the appellant who was the plaintiff in the suit No: HAD/81/2004. The plaintiff in that action had claimed the sum of one Billion Naira (1₦bn) as damages against the respondents, for libel published of him and contained in The News Magazine, Vol .23, No.18 Edition of 8th November, 2004 The caption in the said magazine was "My brother is wild and cruel - The shocking Testimony of Governor Fayose's sister." one Peter Morakinyo Ogele also, in the said publication, had addressed a press conference wherein he stated in a text thereat, that the appellant had wanted to kill him; which precipitated the action against the respondents.

The parties called witnesses at the trial and at the end of which, written addresses were filed and exchanged between them. The trial court, in its judgment found for the respondents a…

FAYOSE V. INDEPENDENT COMMUNICATIONS NETWORK & ORS

FAYOSE
V.
INDEPENDENT COMMUNICATIONS NETWORK & ORS