GAMIOBA OTUGOR & ORS VS ESEZI II, THE ONODJIE OF OKPE AND OTHERS.
September 8, 2025CLARK EJUREN VS COMMISSIONER OF POLICE
September 8, 2025Legalpedia Citation: (1961-09) Legalpedia 25822 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Sep 18, 1961
Suit Number: SC. 291/1961
CORAM
BRETT, JUSTICE SUPREME COURT
MBANEFO, JUSTICE SUPREME COURT
BELLAMY, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
NIGERIAN BROADCASTING CORPORATION
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
TORT – DEFAMATION-LIBEL-SLANDER
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The respondent made a broadcast in a news program which the appellant complained was defamatory, there was no evidence that the broadcast was read from a script which could have made the publication a libel and the appellant did not plead or gave evidence of special damages.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the broadcast was a slander and that the lower court was in error to have assumed that news are usually read from a script and therefore the appellants were not entitled to damages having not proved they suffered damages.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the lower court was in error when it held that the broadcast made by the respondent was libelous.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
EXAMPLE OF FACTS THAT NEED TO BE PROVED
‘The internal arrangements of the Corporation cannot be regarded as a matter of common knowledge so as to entitle the Court to draw such a conclusion with no evidence at all to support it.’ Per Brett Ag. C.J.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
