DANA SHUWA VS THE STATE
August 15, 2025AKPAN IKONO & ANOR VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 16186
In the Supreme Court of Nigeria
Fri May 11, 1973
Suit Number: SC. 143/1970
CORAM
MOHAMMED LAWAL GARBA
UDOMA, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
AFRICAN NEWSPAPERS OF NIGERIA LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed against the defendants was for a total sum of £25,000 damages for defamatory words falsely and maliciously published by the defendants of and concerning the plaintiff (and also of the plaintiff in the way of his profession and office) in the issues of the daily newspaper known as the Nigerian Tribune.
HELD
APPEAL DISMISSED.
ISSUES
None
RATIONES DECIDENDI
MOTIVES OF DEFAMATORY STATEMENTS
“The motives of him who makes defamatory statements on such an occasion are prima facie innocent, but it is always open to the injured party to show by evidence that they were not so in reality. In other words, express malice may be proved, and privilege then affords no protection. To apply these remarks to the present case: It is for the public interest that facilities should be afforded to the public for acquainting itself with the details of the administration of the law. Accordingly, anyone is at liberty to publish a fair report of proceedings in a court of justice although such report may contain matter damaging the character of individuals. A newspaper has no greater privilege in such a matter than any ordinary person – any person is privileged in publishing such a report if he does so merely to inform the public. But if you can infer from the circumstances attending the publication that it was really made not with a view to the information of the public, but for the purpose of injuring some individual, the publisher will be liable in damages to the person whose character he has injured.” UDO UDOMA JSC, PER HANNEN J.
CASES CITED
None
STATUTES REFERRED TO
None
