The Tort Of Defamation

Defamation is any written or printed article published
of, and concerning a person without lawful jurisdiction or excuse, while tends to expose him/her to public contempt, scorn, ridicule, shame or disgrace or even  intending to induce an evil opinion of him in the mind of right thinking persons, or injure him/her in their chosen profession, occupation or trade.
In the case of sketch publishing V. Ajagbemokaferi ( ) INWLR (PT100)  p.678 SC, the learned justice said the basis of the tort of defamation is that every person reputation and the good opinion and estimation the public holds of him. The law of defamation is designed to protect, compensate and otherwise remedy any injury done to the good name of a person and the resultant effect the loss of reputation may have on the person, office, trade or profession.
Although the law as to what constitutes defamation varies by jurisdiction, there are four basic elements that must usually be shown to prove that there has been a form of defamation.
1.    The statement must be “published” which means someone else has hard or seen it, whether through printing, speaking gesturing or some other method.
2.    It must be false not an opinion or a fact
3.    The statement must be injurious, meaning that it caused damage to the persons reputation.
4.    It must not be privileged.
These elements were reaffirmed in Newbreed Org. Ltd V. Erhomosele (2007) S NNLR PT974 P. 499, where the court stated that the elements needed to be proven in a case of defamation are
i)    That the word or statement complained of were untrue,
ii)    (ii) that they were made maliciously .
iii)    And that the plaintiff suffered damage.
There are  two forms of defamation, the spoken defamation called slander and defamation such as printed word or images called libel. One differentiating factor among these two firms of defamation is that you can sue someone for libel without having to prove that you have suffered financial harm because of the libel. The law assumes that once your good reputation has been harmed by the libel, you deserve to be compensated with money. But that is not the case for slander. In a case of slander, for you to sue, you must prove the slanderous comment has injured you financially. Although there are some form of slander which don’t require proof of monetary loss. An example of such is imputing someone has committed a crime or is not fit to practice their trade or profession. For instance, a medical doctor who is said to be a quack and is parading himself as a specialist.
Note that a person who is accused of libel or defaming another may defend against the accusation by proving that the statement was in fact true but this was not the case in F.R. Williams V. Daily Times of Nig Ltd (1990) I NWLR (pt 124).
In that case the defamatory article published by Evening  News of Monday 19, 1979. The Newspaper was published by the defendant company. It was said in the article that one of the country’s legal luminaries, Chief Rotimi Williams (popularly known as F.R.A Williams) has been sued for N5 million by the children of a deceased client. Thirteen children of late Michael Oredolapo Onayemi, nine of them infants are claiming the amount from Chief Williams for “losing or otherwise failing to make available the February 1978 draft will of the deceased was duly executed between February 1978 when the Chief completed amending and causing same to be typed out and 12th May 1978 when the deceased died.” The children are also asking that Chief Williams be ordered to “surrender to the court the true last will of the deceased made in February 1978 now in his custody or power and or copies thereof and that same pronounced for in solemn form.
After this publication Chief Williams commend an action in Lagos High Court claiming the sum of N250,000.00 as exemplary damages for libel. The trial judge found the defendants liable in libel and awarded aggravated damages of N100,000. On appeal to the court of appeal by Daily Times on the issue of liability by relying on privileged, the appeal was dismissed and the award of damages reduced to N60,000.00 on further appeal to the Supreme Court by Chief Williams on the reduction of the award of damages, the appeal was sustained and the damages restored back to N100,000.00.
Note that for a plaintiff to win in a case of defamation the plaintiff must have a reputation to protect. Unlike the case of the once convicted PDP Chieftain and former Board of Chairman of Nigeria Ports Authority, Bole George in the libel case he instituted against The News Magazine, P.M News & The Daily Independent Newspaper. Justice Akeem Oshodi stated thus: “the court notes through the submission of the defendant that the claimant has been convicted to 2years without an option of fine on the same facts which he alleged libel.  A man cannot lay claim to a deputation that he never had and as such this case fails in its entirety.

Nkechi Bright Ewere