ABIRU JCA (Delivering the Lead Judgment): The first respondent, as plaintiff, commenced the action leading to this appeal in the High Court of Kaduna State in suit No. KDH/KAD/446/2005 against the appellant and the second respondent, as defendants, and the claims were for:
i. The sum of N3,000,000,000 (three billion naira) being damages for libel contained in the Punch Newspaper of Wednesday, 12 January 2005 captioned “they want to kill me, lawmaker petitions Obasanjo”; the full text of which is set out in paragraph 5 of the statement of claim.
ii. A retraction of the offensive publication aforesaid.
iii. A full and unqualified public apology to the plaintiff.
iv. An order of injunction restraining the defendants from publishing any further libel concerning the plaintiff.
v. Cost of the action.
The first respondent commenced the action in his personal capacity and his case on the pleadings was that he was the Executive Governor of Anambra State of Nigeria and was sworn in as such on 29 Ma…