Man Loses Case To P.M.NEWS
Judgment was given in favour of P.M.NEWS published by Independent Communications Network Limited against Engr. Ganiyu Abiola Lawal.
The claimant Engr. Ganiyu Abiola Lawal commenced the action against Independent Communications Network Limited and three others, all staff of the dependent in 2004 claiming the sum N10 million naira as damages for two reports in P.M.NEWS.
The reports titled “Theft of Abiola’s N30 million Property†and “Betrayal! Abiola’s Relative Accused of Stealing†were published in the P.M.NEWS of 2 March, 1998 and P.M.NEWS of 1 April, 1998 respectively.
The two reports stated that the claimant was among the six persons charged to the Igbosere magistrate’s court for stealing a printing machine belonging to Abiola Printing Press Ltd.
The case against those charged was however struck out for want of diligent prosecution by the Magistrate’s Court. As soon as the charge was struck out, Mr. Ganiyu Abiola Lawal commenced this action against P.M.NEWS for libel.
The trial which suffered several adjournments and transfers was eventually decided by Hon. Justice Nicol Clay, though relying only on the evidence of the claimant.
As the defendants failed to call any witness, the learned trial judge held that applying the reasonable man tests, she does not believe that the reports were libellous or defamation of the claimant as the stories were taken from the proceedings of the magistrate’s court wherein the claimant and five others were charged with stealing a Haris Printing Machine belonging to MKO Abiola.
She added that the claimant failed to prove that the stories were published with malice.
Therefore, the defence of qualified privilege provided in Section 10 of the Defamation Law of Lagos State availed the defendants.
“The claimant is not entitled to damages and the suit is hereby dismissed. Cost of N10,000 is awarded to the defendants.†With these words, Hon. Justice Nicol Clay dismissed the suit and thereby terminated the 7-year old case which was stoutly defended by Benjamin Umudjoro who appeared for P.M.NEWS.
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