Court Slams N10m Damages Against "The Authority" Over Libelous Publication on Natasha
High Court sitting in Abuja has ordered the publisher of Authority newspaper, Ifeanyi Uba and Williams Orji to pay the sum of ten million naira damages to Barr. Natasha Akpoti for libelous publication against her.
In his ruling, the High Court judge,
HON. Justice .Y. HALILU held that, "the publication by the Defendant in the Authority, an online media through their website http://authorityngn.com on 2nd February, 2017 titled 'Ajaokuta Steel Company: Natasha Akpoti is Being funded Group Alleges is libelous and defamatory against the plaintiff is hereby granted. '
"it is instructive and to state here that in libel cases, once the offensive article is found to be libelous of the Plaintiff, damages follows and the damages to be awarded is general damages.
"The court hereby issue and injunction restraining the Defendants by themselves, agents, servants or otherwise from publishing or causing to be published the said similar words defamatory to the Plaintiff.
Referring to the case of GUARDIAN NEWSPAPER LTD & ANOR VS AJEH (SUPRA) and ILOABACHIE VS ILOABCHIE (2005) 13 NWLR (pt. 943) 695, that on the award of damages, once the court finds that the publication complained of is defamatory of the Plaintiff, the Supreme Court has developed the following principles which should serve as a guide.
1. The award must be adequate to repair the injury to the Plaintiff's reputation and this does not require proof of pecuniary loss
2. That the social standing of the Plaintiff must also be considered
3. That the rate of inflation which has adversely affected the value of the National Currency must also he taken into account
4. The court must also take into account the fact that the Defendants did not show any remorse
5. That it must reflect the action of the law to the impudent and illegal exercise in the course of which the libel was unleashed by the Defendant
6. That the court must also take into account the loss of social esteem and the natural grief and distress to which the Plaintiff may have been put.
7. That the award must atone for the assault on the Plaintiff's character and pride which were unjustifiably invaded.
The judge held that, "from the above, I hereby award the sum N10 million against all the Defendants.
"I further order the Defendants to retract the libelous publication and issue a public apology to the Plaintiff to be published in the same medium."
It will be recalled that Barrister Natasha Akpoti through her lawyer, Barrister Sam Ogala of Falana and Falana chambers had earlier sued Daily Authority newspaper, Publisher of Authority newspaper, Dr. Ifeanyi Uba and Williams Orji in the case suit number CV/1446/17 and suit No: CV/1502/17 before Abuja Federal High for libelous publication against Barr. Nataaha Akpoti on 24th April, 2017.
Barrister Sam Ogala of Falana and Falana chambers in the suit filed stated that the amount of 500 million Naira be paid to Barrister Natasha Akpoti for defamation of character for publishing libelous information.
Sam Ogala noted that the statement issued on behalf of Small Scale Steel Marketers and Scrap Dealers Association of Nigeria (ASSSMSDN) on Natasha being sponsored by the Vaswani brothers to blackmail President Muhammadu Buhari’s administration is false adding that the said ASSSMSDN association doesn’t exist as a legal entity and that the CAC search report was attested to that
effect.
Natasha H Akpoti
In his ruling, the High Court judge,
HON. Justice .Y. HALILU held that, "the publication by the Defendant in the Authority, an online media through their website http://authorityngn.com on 2nd February, 2017 titled 'Ajaokuta Steel Company: Natasha Akpoti is Being funded Group Alleges is libelous and defamatory against the plaintiff is hereby granted. '
"it is instructive and to state here that in libel cases, once the offensive article is found to be libelous of the Plaintiff, damages follows and the damages to be awarded is general damages.
"The court hereby issue and injunction restraining the Defendants by themselves, agents, servants or otherwise from publishing or causing to be published the said similar words defamatory to the Plaintiff.
Referring to the case of GUARDIAN NEWSPAPER LTD & ANOR VS AJEH (SUPRA) and ILOABACHIE VS ILOABCHIE (2005) 13 NWLR (pt. 943) 695, that on the award of damages, once the court finds that the publication complained of is defamatory of the Plaintiff, the Supreme Court has developed the following principles which should serve as a guide.
1. The award must be adequate to repair the injury to the Plaintiff's reputation and this does not require proof of pecuniary loss
2. That the social standing of the Plaintiff must also be considered
3. That the rate of inflation which has adversely affected the value of the National Currency must also he taken into account
4. The court must also take into account the fact that the Defendants did not show any remorse
5. That it must reflect the action of the law to the impudent and illegal exercise in the course of which the libel was unleashed by the Defendant
6. That the court must also take into account the loss of social esteem and the natural grief and distress to which the Plaintiff may have been put.
7. That the award must atone for the assault on the Plaintiff's character and pride which were unjustifiably invaded.
The judge held that, "from the above, I hereby award the sum N10 million against all the Defendants.
"I further order the Defendants to retract the libelous publication and issue a public apology to the Plaintiff to be published in the same medium."
It will be recalled that Barrister Natasha Akpoti through her lawyer, Barrister Sam Ogala of Falana and Falana chambers had earlier sued Daily Authority newspaper, Publisher of Authority newspaper, Dr. Ifeanyi Uba and Williams Orji in the case suit number CV/1446/17 and suit No: CV/1502/17 before Abuja Federal High for libelous publication against Barr. Nataaha Akpoti on 24th April, 2017.
Barrister Sam Ogala of Falana and Falana chambers in the suit filed stated that the amount of 500 million Naira be paid to Barrister Natasha Akpoti for defamation of character for publishing libelous information.
Sam Ogala noted that the statement issued on behalf of Small Scale Steel Marketers and Scrap Dealers Association of Nigeria (ASSSMSDN) on Natasha being sponsored by the Vaswani brothers to blackmail President Muhammadu Buhari’s administration is false adding that the said ASSSMSDN association doesn’t exist as a legal entity and that the CAC search report was attested to that
effect.
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