The Sketch Publishing Company Ltd. & Anor V. Alhaji Azeez A. Ajagbemokeferi (1989)

LawGlobal-Hub Lead Judgment Report

WALI, J.S.C. 

In the High Court of justice of Oyo State, Ibadan Judicial Division, the Plaintiff sued the Defendants in Suit No. 1/259/78 claiming for damages for libel falsely and maliciously published of and concerning him in a 1979 almanac called “Voice of Islam” by the 1st Defendant at the instance of the 2nd Defendant. Pleadings were ordered, delivered and exchanged. In that Plaintiff’s Statement of Claim, he alleged that the Defendants defamed him by falsely and maliciously printing and publishing of and concerning him in a 1474 Almanac called “Voice of Islam” as revealed hereunder in the following paragraphs of his Statement of Claim:-

“(5) The Plaintiff is a great Muslim Evangelist and preacher and has his reputation throughout the Muslim world as a prolific preacher and converter of many people to Islam through his preaching, that he was nicknamed and called Ajagbemokeferi, meaning that his vocality to pagans has converted many to the Muslim religion. In consequence of his depth of the Islam religion and a strong believer in the tenets and ideals of the Muslim religion and a prolific preacher and crusader he was conferred with the Chieftaincy Title of OTUN BALOGUN ONIWASU by the Chief Imam of Ibadan ABDULAHI ALHAJI MUYILI, the head and leader of the Muslim community in Ibadan and was turbanned on 5th August. 1978.

(6) The Plaintiff has a slot every Friday on the National Television Authority, Ibadan and his programme centres on the preaching of Islam from the Holy Koran. By this Television Programme, the Plaintiff is known throughout the length and breath of Nigeria as a devoted and upright Muslim.

(7) The Defendants jointly and severally published falsely and maliciously in the said Almanac under the photograph of the Plaintiff the following words in Yoruba Language to wit “ALHAJI A. A. AJAGBEMOKEFERI (OTUN BALOG UN ONIWASU)

Oye yi je oye yeye gegebi oye Adadale. ti Islam ko patapata Egbo bi ANOBI ti wi ki Ike at ola Olorun ki o maba. Ina ni ile gbogbo Aladadale” which literally translated into English Language means that the Chieftaincy title of the Second in rank to the General of Muslim preachers held by the plaintiff is a worthless and valueless Chieftaincy just like Chieftaincy titles of impostors and contrary to the tenets and teachings of Islam. By the word of ANOBI (ALLAH) woe betides such holders of such Chieftaincy and their place is in hell after death.

(8) By the said words pleaded in paragraph 7 supra reasonable people have understood it to mean that the Plaintiff is not a fit and proper person to be conferred or holder of a religious Chieftaincy of Muslim Leader, more especially by this Chieftaincy he has acted contrary to the teachings and tenets of Islam and his final place is in hell and not paradise.

(9) By reason of the publication of the words and photograph of the Plaintiff, the Plaintiff has been greatly injured in his character, credit and reputation and has suffered damage. Many people have shunned the plaintiff and have avoided the Plaintiff for assistance in prayers.”

Whereupon the Plaintiff Claims from the Defendants jointly and severally as follows:-

“(i) The sum of N1,000,000.00 (ONE MILLION NAIRA) being damages for libel contained in an almanac “VOICE OF ISLAM” written by the 2nd Defendant and published by the 1st Defendant which Almanac is widely circulated in Nigeria and throughout the West Coast of Africa in the community known as Economic Community of West African States (ECOWAS),

(ii) An injunction restraining the Defendants, their agents or servants or otherwise from further printing, circulating, distributing or otherwise, publishing any copies of the said Almanac,”

The Defendants admitted printing and publication of the words complained of, but put up a plea of justification, fair comment and privilege, In paragraphs 12, 13, 14, 15, 16 and 17 of the 2nd Defendant’s Statement of Defence, he avers that:-

“12. With further reference to paragraphs 5 and 6 of the Statement of Claim that 2nd defendant says that the plaintiff is a local preacher who is usually referred to as ‘Oko Ololu’ meaning Ololu’s Husband, until 5th August, 1978, when he was conferred with the Chieftaincy title ‘Otun Balogun’ 2nd Defendant, were present.

13. At the time of the plaintiff’s installation as Otun Balogun Oniwasu there has never been such title or vacancy in Mujaiduna Islam Society or in any muslim religion society in Ibadan or anywhere in Nigeria or in the entire muslim world.
14. With reference to paragraphs 7 & 8 of the Statement of Claim the 2nd defendant says and will contend that:

(i) The words complained of did not bear and were not understood to bear any defamatory meaning.