W. S. N. ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Calabar in appeal No. CA/C/06/05 delivered on 2nd May, 2006, in which it allowed the appeal of the present respondent against the ruling of the High Court of Cross River State holden at Calabar in suit No. HC/261/2004 delivered on the 8th day of November, 2004. On the 23rd day or July, 2004, the present respondent,the Governor of Cross River State as plaintiff instituted an action in the trial court against the appellants, as defendants, claiming the following reliefs:-
"1. The sum of ₦5 billion (five billion naira) being damages for libel published of and concerning the plaintiff by The defendants in The Global Excellence Magazine of Tuesday May 11-May 17, 2004 and Tuesday May 25-May 30, 2004.
2. Exemplary or punitive damages in the Sum of ₦10 billion (ten billion naira)."
Upon service of the writ on them, the appellants caused a conditional appearance t…