UMOREN, JCA: (Delivering the Lead Judgment) The facts that gave rise to this appeal are as follows:- On the 13th of February, 1993 and 7th of May, 1993, the Voice Newspaper, published by the 1st defendant in the Lower Court and respondent in this Court carried certain articles, touching and concerning the plaintiff in the Lower Court and Appellant in this Court. The appellant, at the time of the publication, was the Secretary of the Benue State Scholarship Board.
Whereas the publication of the 13th of February, 1993, is found at page 3 of the Newspaper and is titled “ Alleged Large Scale fraud at Benue Scholarship Board” , the publication of the 7th of May, 1993, was a front page article titled “Massive fraud at Scholarship Board” . The publication of 7th May, 1993, claims that one Jacob Iwar, President of NUBESS, (National Union of Benue State Students) granted the lst Respondent an interview that formedthe basis of thepublication. The said Jacob Iwar, who testified as PW3, howe…