A High Court sitting in Benin City, today, 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.
A High Court sitting in Benin City, today, 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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