Ike Nnachi, Abakaliki
The High Court of the Federal Capital Territory has ordered a Port Harcourt based Lawyer, Azubuike Ihemeje, to pay the sum of N150m to another Lawyer, Chimezie Okpoko, for defamation.
The Court, Presided by Justice Kayode Agunloye handed out the order while delivering judgement on suit number CV/1346/2022 instituted by Mr Okpoko against Mr Ihemeje.
The suit followed a series of posts on Facebook made by the defendant (Ihemeje) accusing the claimant (Okpoko) of fraudulently defrauding members of the public of millions of naira through some ponzi schemes.
Following the posts, Mr Okpoko quickly instituted the suit and followed it up with a writ of summons filed on 25th day of April 2022 in the court through his Lawyers asking for general damages of N100m and N50m in exemplary damages against the defendant, Mr Ihemeje.
The claimant also sought for an order directing the defendant to retract the said libelous publications and tender an apology to the claimant which will be published in two national newspapers and also on the defendant’s Facebook page continuously for seven days.
Mr Okpoko also sought for an order of perpetual injunction restraining Mr Ihemeje from publishing the said, similar or further defamatory articles either by himself or through known associates, agents or servants.
The defendant through his lawyer, Chigozie Umejiako, filed his statement of defence which was served on the claimant who quickly filed a reply to the defence on 27th of July 2022.
Hearing in the suit commenced on 4th of October 2022 with the claimant taking the stand as a witness during which he expounded on the evidences provided.
On the 31st of April 2023, the Claimant through his Lawyer, C. I. Okpoko (SAN) adopted his final written addresses during which he submitted two issues for determination
They are: “Whether the client has made out a case of defamation/libel against the defendant on the preponderance on the evidence adduced in the case and whether the defendant has made out a defence of justification, fair comment or qualified privilege raised.
Delivering his judgement, Justice Agunloye agreed with the learned silk that there was indeed a clear case of defamation of the claimant by the defendant.
The Judge further agreed with the claimant that the defendant failed to provide any evidence proving his accusation that the claimant was involved in defrauding members of the public through ponzi schemes.
He expressed disappointment that the defendant being a Lawyer should have known better than to make such weighty accusations without any facts to back them up.
Justice Agunloye noted that the defendant should have reported the claimant to appropriate authorities “instead of going out with a trumpet like a town crier to announce to the Facebook world that the claimant is a criminal. Yet he has not been able to substantiate these statements.”
“The defendants statements appear to be that of a dog barking without reason. No legal justification whatsoever.
“The facts of the case are very interesting and peculiar because of the calibre of persons involved. One would expect better from the defendant as a minister in the temple of justice.
“When a man speaks carelessly, he must be ready for the consequences because words said cannot be taken back. Even the holy book admonishes us to bridle our tongue. Maybe in the instant case, ‘bridle our hands,” he said.
The judge further said: “On the strength of the evidence before the court, I find that the defendant has failed woefully to prove justification and cannot rely on same. He must therefore face the music.
“Consequently judgment is hereby ordered in favour of the claimant on the following terms:
“The defendant shall pay the claimant the sum of one hundred million maria only as general damages for libelous publication
“The defendant shall pay the sum of fifty million naira only being exemplary damages for libel,” the judge said.
The court also ordered the defendant to retract the said libelous publications and issue a formal apology to the claimant to be published in two national newspapers and also on the defendants Facebook page continuously for a period of seven days.
The court also issued an order of perpetual injunction restraining Mr Ihemeje from publishing the said, similar or further defamatory articles against Mr Okpoko either by himself or through known associates, agents or servants.
