The Nation Newspaper

Tag: Libel suit

  • Court dismisses libel suit against Vintage Press, others

    The Kogi State High Court sitting in Idah on Wednesday dismissed a libel suit brought against the All Progressives Grand Alliance (APGA), Vintage Press Limited, publishers of The Nation newspaper, Guardian and Punch newspapers, for lacking in merit.

    Justice Fola Ajayi in his judgment on the suit filed by the suspended Kogi chairman of APGA, Prince Ocholi Ameh, alleging defamatory imputations against him arising from publication of certain statements, dismissed the suit.

    Read Also:Alleged fraud: You have case to answer, court tells Dokpesi

    He said that it was clear that from the findings that the claims could not be substantiated as the alleged diversion of fund and anti-party activities upon which the publications were based had been proven.

    The defendants, including Mr. Ben Nweke, were alleged to have committed the offence sometimes in November, 2015.

    Ameh had averred that while preparing for the 2015 gubernatorial election, the 1st defendant (Nweke), a card-carrying member of the party and the other defendants had connived and made libelous publications against him.

    The publications, according to him, had alleged that he was suspended from the party for anti-party activities, diversion of funds, absenteeism and other acts inimical to the survival of the party.

    According to him, the publication therefore portrayed him as “a fraudulent, reckless and an irresponsible person,” all of which he claimed were false.

    The claimant stated that request by his solicitors for a retraction of the publication and an apology from the defendants was not heeded.

    In the judgment, Justice Ajayi held that the claimant had stated under cross examination that on October 26, 2015, the party gave him the sum of N1 million to organize the flag-off of campaign for the party’s gubernatorial candidate.

    He said that the claimant admitted that the campaign did not hold and neither was the money refunded just as no explanation was given to show how the money was appropriated, giving room for his suspension on November 11, in line with the party’s constitution.

    “I find without hesitation that the claimant has not proved that any offensive publication was made by the 1st and 2nd defendants against him to other person(s) in circumstances as to constitute libel.

    “It cannot be over emphasized that the isolated evidence of the claimant that the publication tarnished his good image and caused him to lose the respect and admiration of others is simply insufficient in law.”

    The court pronounced that in view of the clear findings, the defamatory imputations of diversions of fund and sundry anti-party activities alleged, were true.

    “The principle of law is settled by a long line of decided cases that if the defendant proves that the main charge or gist of the libel is true, the claim of libel fails.

    “The claimant need not justify the statement or comments which do not add to the sting of the charge. Accordingly, I find no merit in the claim and it is dismissed,” it declared.

  • N150 billion libel suit: AIT apologises to Tinubu

    N150 billion libel suit: AIT apologises to Tinubu

    DAAR Communications, owned by Chief Raymond Dokpesi has tendered an unreserved apology to the national leader of the All Progressive Congress (APC) Asiwaju Bola Tinubu over a documentary aired on African Independent Television (AIT) titled, “Lion of Bourdillon”

    ‎DAAR Communications also opted for an out of court settlement in a N150 billion libel suit filed against the company before a Lagos High Court sitting in Ikeja.

    On another hand, Asiwaju Tinubu agreed has also accepted the apology tendered by DAAR Communications as settlement for the libellous documentary.

    Tinubu had instituted the N150 billion suit before the court against Daar Communications Plc, owners of AIT, for airing the documentary‎.

    He said the money represented aggravated and exemplary damages for the libelous documentary.

    He had alleged that the documentary, which started airing on March 1, 2015, was libelous and aimed at tarnishing his image.

    DAAR communications, as defendant/claimant, also filed a counter claim of N200 billion‎ as aggravated, punitive and exemplary damages against the claimant.

    The matter which came before Justice Iyabo Akinkugbe was later referred to ‎Alternative Dispute Resolution (ADR) in December last year.

    At the resumed proceedings Monday, counsel to Dokpesi, Mike Ozekhome (SAN) informed the court of his client’s wish to embrace alternative dispute resolution.

    “My lord, we have come to court today to embrace Alternative Dispute Resolution (ADR). Every war that is fought is always settled amicably on a roundtable.

    “Both parties have expressed their desire to settle amicably based on the terms of settlement which the My Lord has been furnished with.

    “We reached the agreement to enable both parties to continue with the good relationship that they have always had. We have driven the devil away with a spiritual “Koboko”, Ozekhome told the court.

    Tinubu’s Counsel, Wole Olanipekun (SAN) also informed the court of his client’s willingness to settle out of court,

    “I align myself with the submissions and sentiments of my learned friend. I can also confirm that the term of settlement which was drawn up on the 29th of January has been accepted by both parties,” Olanipekun said.

    “I also want to appreciate my Lord for her patience all through the duration of the suit. I also appreciate the Claimant who magnanimously agreed to settle out of court,” Olanipekun said.

    The trial judge, Justice Iyabo Akinkugbe adopted the terms of settlement as judgement of the court having acknowledged that it has been filed before the court.

    The terms of agreement adopted as judgement of the court include a retraction of the broadcast by AIT, an apology by AIT which should be aired three times, once daily on AIT, and that the claimant and the defendant shall bear their respective costs in the suit.

    A copy of DAAR Communications apology letter titled, “Retraction and Apology by DAAR communications PLC to Asiwaju Bola Ahmed Tinuby” circulated to journalists stated: “Further to the terms of settlement in suit No: ID/196GCMW/2015 between Asiwaju Bola Ahmed Tinubu and DAAR Communications Plc filed as a result of the broadcast‎ of a documentary titled, “Lion of Bourdillion” and which terms were adopted at the High Court of Lagos State on 5th February, 2016 as the judgement of the court, the defendant DAAR Communications Plc hereby retracts and apologises to Asiwaju Bola Ahmed Tinubu as follows:

    “Daar Communications Plc, acknowledges that Asiwaju Bola Tinubu is an outstanding political leader of unblemished character and integrity, as well as a leading public figure and opinion moulder who has made and continues to make immense, colossal and gargantuan contributions to the progress and development of the nation in general and Lagos State in particular.

    “Daar Communication Plc admits that in airing the said documentary, it had no intention whatsoever to embarrass or diminish the high reputation of Asiwaju Bola Ahmed Tinubu which it respects and attests to.

    “Daar Communications Plc hereby makes a public and unequivocal retraction of the said documentary titled ‘Lion of Bourdilon’, which was broadcast on its television station, AIT.

    “Daar Communications Plc hereby tenders unreserved apology to Asiwaju Bola Ahmed Tinubu for the broadcast of the documentary on its television station, AIT.

    “Daar Communications Plc prays that Asiwaju Bola Ahmed Tinubu will live long to make more enormous contributions to the advancement of our nation, Nigeria, Lagos State and the world at large,” the statement read.

  • Libel suit: Dabiri-Erewa, Diamond Bank to settle out of court

    Libel suit: Dabiri-Erewa, Diamond Bank to settle out of court

    A former member of the House of Representatives Abike Dabiri-Erewa and Diamond Bank Plc have agreed to settle out of court a N500 million libel suit she instituted against the bank for its claim that she owed it N122 million.

    When the matter came up for hearing Thursday at a Lagos State High Court in Igbosere, the bank’s counsel, Mr. Chuka Agbu SAN, informed Justice Abdulfattah‎ Lawal that both parties were willing to settle the matter out of court.

    He admitted that the process of settlement had yet to begin and urged the court to adjourn the case so that the parties can explore this option.

    This claim was not controverted by the claimant’s counsel Mr. Ademola Fadipe.

    Justice Lawal granted his request and adjourned the matter till March 10, 2016, for report of settlement.

    Dabiri- Erewa had on August 6, 2015, filed a N500million suit ‎against Diamond Bank for publishing her name among a list of debtors who had failed to liquidate their debts.

    She also listed the Punch Newspapers Limited as the second defendant.

    The alleged malicious publication against Dabiri-Erewa was published by Punch through a paid advertorial and a news report.

    The former lawmaker instituted the N500m suit against the defendants jointly and severally as damages for the reputational injury she suffered, and another declaration that the publication, “which has no foundation in truth,” had defamed and injured her character and made her to suffer reputational damage.

    She asked for N3 million to be paid as professional fees to her solicitors, and an order directing the defendants separately and jointly to render a public apology to her in respect of the false publication.

     

  • Court strikes out Kashamu’s N20b libel suit against Obasanjo

    Court strikes out Kashamu’s N20b libel suit against Obasanjo

    •Senator claims on-going settlement moves     •Extradition proceedings open June 25

    Justice Valentine Ashi of the High Court of the Federal Capital Territory (FCT) has struck out a suit by a chieftain of the Peoples Democratic Party (PDP), Senator Buruji Kashamu, against former President Olusegun Obasanjo.

    The decision followed an application for withdrawal filed by Kashamu, who claimed that parties were engaged in on-going settlement moves.

    Obasanjo’s lawyer denied knowledge of such moves.

    Kashamu had on February 6, last year, sued Obasanjo, asking the court to award N20billion as aggravated and exemplary damages, and another N100million against the former President for “maliciously and recklessly” publishing a letter titled: ‘Before it is too late’, addressed to ex-President Goodluck Jonathan in December 2013

    The PDP chieftain sued Obasanjo for libel in relation to the claims in the letter that he (Kashamu) is a fugitive wanted in the United States for drug-related offences.

    Trial had progressed in the case, with Kashamu calling two of his three intended witnesses.

    Haruna Rasheed and Omotayo  Alade-Fawole claimed that the publication of the ex-President’s letter in the media portrayed Kashamu in bad light.

    Proceedings were later stalled in the substantive case when Kashamu on December 5, last year, moved the court to grant a restraining order against Obasanjo.

    The senator sought to stop the former President from proceeding with the scheduled public launch of his book titled: “My Watch” on the ground that the subject of the libel suit was contained in the book.

    Despite the order of December 5, Obasanjo launched the book on December 9 in Lagos.

    Kashamu returned to  court the following day with the complaint that Obasanjo breached the December 5 order by proceeding to launch the book.

    Justice Ashi, in a ruling, held that Obasanjo was in contempt of court for flouting his orders restraining him from among others, publishing the book.

    The judge gave the former President 21 days (from the day of service of the court’s orders on him)  to show cause why he should not be punished for contempt for going ahead to publish  the book despite the ex-parte interim order made by the court on December 5 and a pending libel suit involving him.

    The judge later lifted all orders against Obasanjo in a ruling delivered in April, following counter arguments by Obasanjo’s lawyer, Mahmud Magaji (SAN).

    Proceedings were to resume on the main libel case, which Kashamu brought an application for withdrawal last month.

    The PDP chieftain hinged his application on a purported “on going settlement moves” by parties.

    Although Obasanjo’s lawyer denied knowledge of any on-going settlement move, he did not oppose Kashamu’s application to withdraw, following which Justice Ashi struck out the case in a ruling given on May 26.

    Justice Gabriel Kolawole of the Federal High Court, Abuja, will, next Thursday, open hearing in an extradition application filed against Kashamu.

    The application filed by  former Attorney General of the Federation (AGF) Mohammed Adoke (SAN) sought the court’s permission to transfer Kashamu to the US for trial on drug-related offences.

    The extradition application filed on May 28 was said to have followed a request by the  US Embassy in April, urging the Federal Government to surrender Kashamu for trial in the US on  one count charge of conspiracy and unlawful importation of illicit drug before the United States District Court for the Northern Illinois, Eastern Division.

  • Adoke withdraws N10. 2 bn libel suit against Melaye

    Adoke withdraws N10. 2 bn libel suit against Melaye

    An FCT High on Wednesday struck out a defamation of character suit against, Dino Melaye, a former House of Representatives.

    Justice Olusumbo Goodluck struck out the case following an oral application to withdraw the suit by Mr Zakari Garuba, the Counsel to the Minister of Justice, Mohammed Adoke.

    Garuba, who did not give reason for the withdrawal, said: “I am only instructed by my client to withdraw the case and applied that it be struck out.

    Melaye’s counsel, Mr Moses Ideh, did not object to the application.

    The minister in May 2013 slammed a N10.2 billion libel suit against Melaye for alleged damage of his reputation in a publication of April 12, 2013.

    Adoke, who joined Melaye’s non-governmental oganisation, the Registered Trustees of Anti-corruption Network (ACN), also urged the court to award him N200 million as cost of filing the suit.

    He said because of the false and defamatory publication, his hard-earned reputation, character and achievements had been severely tarnished.

    Melaye, in the publication, had accused Adoke of corrupt practices, obstruction of justice for corrupt elements and abuse of power as minister of justice.