Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1994) JELR 44690 (SC)    

Supreme Court  ·  SC.23/1991 ·  1 Jul 1994 ·  Nigeria
Other Citations
Reg. Trustees of Amorc v. Awoniyi [1994] 7 NWLR (Part 355)154
Reg. Trustees of Amorc v. Awoniyi (1994) 7 NWLR (Pt. 355) 154
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
secret society
second further amended statement of claim
grounds of appeal
majority judgment
statement of claim
rosicrucian order
fair comment
suo motu
defence of justification
cross appeal
high court
mystical life of jesus
additional ground of appeal
following issues
judgment of the trial court
learned trial chief judge
said exhibit
secret cults
third party
appeal fails
body corporate
considered majority judgment of that court
constitution of the federal republic of nigeria
costs of this appeal
definition of a secret society
favour of the plaintiff
further appeal
high court of cross-river state
inference of law
issue of the capacity of the appellant
judgment of the lower court
leading judgment
learned judge
leave of the court of appeal urge
lodge meetings of other secret societies
meeting place
publication of the newspaper articles
reserved judgment
said decision of the court of appeal
said issues of their journal
serial article
significant fact
time of the said judgment of the court

WALI, JSC (Delivering the Leading Judgment): The plaintiff took out a writ in the High Court of Cross-River State sitting at Calabar in which the following reliefs were claimed against the defendants.

"(a) ₦10,000,000 (Ten Million Naira) aggravated damages for libel contained in the Defendants' Journal styled: "Today's Challenge" in March/April, 1984 and May/June, 1984 issues at pages 27 through 29 and 24 through 27 respectively being a serial article headed: "Rosicrucian Order (Amorc) (Bed-fellow with satanic, secret cults?)". The defendants published in the said issues of their Journal (which has a large circulation throughout Nigeria, West Africa and overseas), of and concerning the plaintiff, the words following, that is to say:

1. "One significant fact that came to light as a result of that fire incident is that the meeting place, "den", of a confirmed secret society, Ogboni was conducive for Rosicrucians to hold their own meetings.

2. "Not only was the meeting place of sinister…

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