S. B. D. Alumo v. The Sketch Publishing Co. Ltd (1972)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C. 

It is an essential element of the cause of action for defamation that the words complained of should be published “of the plaintiff”.

If the words are not so published, the plaintiff is not defamed and cannot have any right to ask that the defendant should be held responsible to him in respect of them. (See Knupffer v. London Express Newspaper Ltd. [1944] 1 All E.R. 495 as per Viscount Simon L.C. at p. 496). It is not necessary that the words should refer to the plaintiff by name.

Provided that the words would be understood by reasonable people to refer to him, and this is the test in every case, it is sufficient. As the law stands the test of whether words that do not specifically name a plaintiff refer to him or not is this.

Are the words used such as, reasonably in the circumstances, would lead persons who know the plaintiff to believe that he was the person referred to In the case now before us, the learned trial judge found that there was no proof before him that the words complained of were published of the plaintiff because there was no suggestion in the evidence adduced that the Nigeria Airways of which the plaintiff claimed to be one of its top officials is the same company as the Nigeria Airways Corporation whose top officials were the object of attack in the publication in the issue of the Daily Sketch of 15th July, 1968, complained of. The issue before us, succinctly put, is whether, having regard to the totality of the evidence adduced before him, the learned trial judge was correct in finding that there was no such proof.

The facts on which the decision was based are as follows. In the front page of the issue of the Daily Sketch of 15th July, 1968 (exhibit B)-a daily newspaper printed and published by the defendants-and under a bold caption which reads:

“Oath of Secrecy at Airways”

the following words which were set out in paragraph 5 of the plaintiff’s statement of claim were published

“Are top officials of the Nigeria Airways Corporation taking oath of secrecy again A staff of the corporation said YES to a Sketch reporter at the weekend. The source hinted that very recently, some officials of the Airways swore by the Bible, Koran and the concoction of Kola nuts and aligator pepper. The purpose of the oath, the source added, was to ‘keep our secrets secret’. The swearing would bind or prevent any of the participants from divulging any form of secret and information. By this oath, the source stated, the swearers must not expose any form of corruption, mismanagement or any pattern of irregularity within the company.”

As these words stand, there is no specific mention of the plaintiff from beginning to end. On 13th August, 1968, the plaintiff, nevertheless, caused a writ to be issued from the High Court of Lagos, in which he claimed against the defendants, the sum of 2,000pds as damages for an alleged libel contained in the said publication.

In his statement of claim, the plaintiff averred that at the material time he was the acting Secretary of the Nigeria Airways otherwise known as W.A.A.C. (Nigeria) Ltd. and that prior to his acting appointment he was the Deputy Secretary of the said Nigeria Airways. He further averred in paragraph 5 thereof that the defendants falsely and maliciously printed and published of the top officials of the Nigeria Airways of which the plaintiff was one the publication complained of and that the said publication was in respect of his office and in relation to his conduct therein.

The plaintiff finally averred in paragraph 6 of the said statement of claim as follows:

“By the said words the defendants meant and were understood to mean that the plaintiff a top official of the Nigeria Airways was corrupt incompetent and dishonest.”

In their statement of defence, the defendants admitted printing and publishing the words complained of. They averred further in paragraphs 5, 6, 8 and 9 thereof as follows: