A High Court sitting in Benin City, yesterday, 25th Sept. 2013, awarded
N25m damages for a libelous publication in favour of Governor Adams
Oshiomhole of Edo State against Dockland Communications Limited,
publishers of News of the People magazine.
In suit no B/556/2011 Justice Efe Ikponmwonba ruled that Dockland Communications failed to prove the veracity of a libelous headline "Oshiomhole's sex power exposed: Impregnates young girl six months after death of wife", and a story on page 19 of its magazine published in 2011.
The Governor
had taken Dockland Communications Limited, publishers of "News of the
People" to court after failing to retract the said story and meet the
conditions of apologizing to him as contained in a letter to them by his
lawyers, Ken Mozia and Associates.
Oshiomhole who asked the court
to award him N250 million in damages maintained that the defendant,
among other things, falsely wrote that he bought a jeep for the said
girl whom he was alleged to have impregnated and that he was interfering
in the academic activities of Ambrose Alli University, Ekpoma, on
behalf of the girl; that he used sexual performance enhancement drugs
and that he had performed traditional marriage rites precedent to a
marriage between him and the said girl.
During trial, the Governor
had under cross-examination said "I am a public officer, and as you
have rightly pointed out as a Governor, what I do or fail to do is
important. My character is important and people's opinion of my personal
life is important. My children are still in agony. The magazine
published this just a few months after my wife passed away and this
publication coincided with my daughter's wedding. A Governor whom I
invited for the wedding asked me if I was the one going to wed or my
daughter. Your image as a public officer is very important.
He
continued that: "after this publication, I had very serious family
crisis because my children were still in grief over the death of their
mother."
He told the Court after the defendant's counsel asked him
to show how his character was damaged, that his conclusion from the
story and that of many people who called him after reading the story was
that he uses drugs.
Reacting to the judgment, Counsel to Governor
Oshiomhole, Barrister Femi Owootori of Ken Mozia and Associates
Chambers said "we as solicitors to the governor wrote a letter to the
company asking for a retraction of the publication. But the newspaper
stuck to its gun and refused to retract the publication. So we gave the
necessary notice and took legal action to sue for libel and the case has
been on. We closed our case rather than come in for defence, the
defendants said they were resting their case on the claimants case which
is a strategy suggesting that the claimant had made no case.
But unfortunately for them when the judgment was being delivered it was exhaustively analysed.
"Even
though our claim was for N250 million, considering the status of the
person against whom the publication was made, the court awarded N25
million and N10,000 cost because the court agreed with our submission
that the publication was a tissue of lies" He urged journalists to
cross-check their facts before publication.
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