J.I. OKOLO V MIDWEST NEWSPAPER CORPORATION & ORS

CORAM

SOWEMIMO, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

PARTIES

J.I. OKOLO

APPELLANTS

MIDWEST NEWSPAPER CORPORATION

THE NIGERIAN OBSERVER

IFIDON OLA (Ag. ADMINISTRATION)

PIUS AGUN EDITOR

RESPONDENTS

AREA(S) OF LAW

TORTS – LIBELOUS PUBLICATION

SUMMARY OF FACTS

The respondents had as headline in its newspaper a story concerning the appellant, $2000 suit adjourned-A Lagos High Court has adjourned hearing till September in the $2000 embezzlement suit against a Lagos Building Contractor, Mr J. I. OKOLO

HELD

The court held that the publication when read together was incapable of conveying to a reasonable jury any defamatory meaning.

ISSUES

Whether the published words impute a criminal charge, or offence against the accused.

Whether the words allege dishonesty against the plaintiff in his trade or business

RATIONES DECIDENDI

PARTIES ARE BOUND BY THEIR PLEADINGS

“Parties are bound by their pleadings and since no crime or offence was pleaded none can be given in evidence.” Per OBASEKI, JSC.

ESSENTIALS FOR PROOF OF DEFAMATION

“It is settled law that the words to be actionable must impute in the plaintiff a criminal offence.” Per OBASEKI, JSC.

THE DUTY OF A JUDGE CONCERNING DEFAMATION.

“The fact that words alleged to be defamatory are published in permanent form does not terminate the duty of a judge to ascertain whether as a matter of law the words are capable of the defamatory meaning ascribed to them.” Per OBASEKI, JSC.