Appeal Court Dismisses Enugu State Governor's N1.5b Libel Suit Against opponents, Guardian Newspaper

Appeal Court Dismisses Enugu State Governor's N1.5b Libel Suit Against opponents, Guardian Newspaper 

The Lagos Division of the Court of Appeal on Thursday threw out an appeal filed by the Governor of Enugu State, Sullivan Chime, challenging the decision of Justice Kazeem Alogba of the Lagos State High Court, who dismissed his N1.5 billion libel suit.

The governor had filed the suit against one of his opponents in the 2007 gubernatorial election in the state, Chief Okechukwu Ezea and The Guardian Newspapers Limited.

Chime had claimed in the suit that Ezea, while addressing a press conference on or about August 11, 2007, accused him of trying to kill him. 

However, Justice Alogba had dismissed the suit and awarded a cost of N100, 000 in favour of the two defendants.

Apparently dissatisfied with the judgment, the governor through his counsel, Gbolahan Elias (SAN) appealed against the decision of the lower court.

The governor had in his appeal argued that the lower court judge erred in law when he held that the appellant failed to prove that the Ezea (first respondent) uttered the defamatory statements complained of at the Abuja Press Conference on August 7, 2007.

He further submitted that the lower court also erred when it held that the words published in The Guardian newspaper were incapable of defaming the appellant.

However, in it's lead judgment delivered by Justice Rita Pemu the Court of Appeal agreed with the lower court, holding that the appeal lacked merit and cannot be sustained.

In a unanimous decision the appellate court held that the appellant (Chime) ought to have called witnesses that attended the press confrence where the defamatory statements was allegedly uttered.

The court further affirmed the lower court's decision that the appellant failed to prove that the Ezea (first respondent) uttered the defamatory statements.

The appellate court held that gov Chime is not even the person who ought to instituted the suit since the alleged text massage was not sent to his phone.

Justice Pemu also held the appeallant attached no weight to the Vanguard newspaper publication on the grounds that Vanguard unlike the Guardian Newspapers limited was not sued as the printer and publisher of the defamatory statements.

Consequently, the court awarded cost of N30, 000 againt the government .

Chime had claimed in the suit that his personal and leadership reputation had been seriously damaged, and that he had suffered considerable distress and embarrassment as a result of Ezea alleged libelous statement.

He therefore demanded N1billion as damages from Ezea and N500, 000 from The Guardian, being damages for alleged libel contained on page seven of the newspaper dated August 14, 2007.

The governor had to travel to Lagos on two different occasions to testify in the suit he filed before the Lagos High Court.

Under cross- examination by Dr. Joseph Nwobike (SAN), counsel to Ezea, Chime informed the court that the hostility between him and Ezea was not because the defendant challenged his election as governor of Enugu State.

The governor stated that Ezea ceased to be his friend the moment he addressed the alleged press conference, adding that he had also deleted his telephone number from his telephone.

However, Ezea, through Nwobike, contended that the alleged publications referred to by the claimant were not injurious, adding that the governor deliberately sponsored them.

He denied the allegations contained in the statement of claim, arguing that he did not utter or publish any defamatory material against the governor and that if at all the claimant was defamed, he caused defamatory material to be published against himself to score cheap political popularity.

The defendant described the suit as frivolous and an abuse of court process and urged the court to dismiss it with substantial cost.

Ezea in his statement of defence contended that the press conference was called to intimate the press about the developments at the Enugu Election Petitions Tribunal and other matters connected to it.

He added that he merely explained to the reporters the events which occurred between July and early August 2008, between the claimant and himself.

Ezea revealed that between July and August 6, 2007, Governor Chime allegedly visited his residence at 4, Iyienu Street, Independence Layout, Enugu, in company of several persons twice.

He further alleged that when the claimant visited his house at about9p.m., the claimant allegedly threatened to send him to prison and deal with him if he failed to withdraw his petition within seven days.

He denied the averments contained in paragraphs eight and nine of the statement of claim and insisted on their strictest proof thereof.

He also denied sending the alleged text messages, as he does not own the alleged GSM telephone number that was used and that he sent no such text messages to any person.