Libel: Court orders Nigerian newspaper (Thisday) to pay Wike N200m as damages
A Rivers State High Court in Port Harcourt has ruled against ThisDay Newspaper, ordering it to pay N200 million in damages to Governor Nyesom Wike for allegedly publishing libelous material.
Thisday Newspapers Limited, Leaders and Company Limited, Davidson Iriekpan, Chuks Okocha, and Adibe Emenionu are the defendants in case PHC/1505/CS/2020.
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Remember that ThisDay Newspapers had published a malicious article with the title “With a Friend Like Wike, Obaseki Meets His PDP’s Waterloo; Almost…” Governor Wike filed a N7 billion lawsuit against the newspaper and three of its employees.
In the lawsuit, Governor Wike claimed that the June 23, 2020 newspaper article was intended to damage his reputation and portray him as a dishonest and untrustworthy individual.
Justice Adolphus Enebeli, presiding judge of the High Court, ruled on Monday that ThisDay Newspapers committed the libelous act against governor Wike.
“From whatever angle one looks at it, I cannot help but conclude that the claimant has proven that the article published in ThisDay Newspapers and its online version on June 23, 2020 was purely defamatory of him, and that he has been injured in his person, trade, and professional body, and is therefore entitled to damages,” the judge stated.
Justice Enebeli ruled that the offensive and malicious article about Governor Wike is demonstrably false, even to the defendants’ knowledge, because they did not honestly believe the facts to be true. However, in an attempt to demonstrate their recklessness, they published the libelous article.
“The claimant, in addition to being the governor of Rivers State and a politician, is also a lawyer by trade, a life bencher of an illustrious body of the legal profession, and a recipient of numerous national and state honors, as evidenced by his numerous awards.
It would not be just and proper for him to live with the permanent stigma of influencing court cases and judges as if they were his lackeys and disciples.
Justice Enebeli stated that the offensive article harms the reputation, profession, and vocation of Governor Wike.
Libel: Court orders Nigerian newspaper (ThisDay) to pay Wike N200m as damages
He noted that the defendants were previously asked to retract the article and issue an apology through the newspaper, but they rebuffed the request and maintained their position.
According to him, this is reflected in the demeanor and manner in which the defendant’s witnesses respond to questions during the trial.
Justice Enebeli acknowledged that the Nigerian constitution protects free speech and press freedom to disseminate information. However, he insisted that such liberty necessitates special responsibilities that may place it under certain restrictions when it concerns the rights and reputations of others.
“It is highly desirable that newspapers, televisions, and news media in general be free to bring any matter of public interest or concern to the attention of the public. But for the press to be deserving of this freedom, it must demonstrate its worthiness. “A free press cannot be deserving of this moniker unless it is also a responsible press,” said Enebeli.
After analyzing all aspects of the case, Justice Enebeli awarded Governor Wike N200 million in damages as opposed to the defendants’ N7 billion demand.
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Enebeli added, “And for the avoidance of doubt, I hereby adjudge, declare, and order as follows: the defendants are to pay N200 million as opposed to N7 billion in damages for libel written and published on and about the claimant by the defendants in ThisDay Newspapers on June 23, 2020.”
ThisDay Newspapers was ordered by Justice Enebeli to publish a retraction on the front page and an apology on the back page of two separate editions.
The mandatory injunction also required ThisDay to cease publication of the identical article or any similar content.
“A mandatory order compelling the defendant to withdraw, retract, and recant the publication in question.” The retraction is to be published on the front page, along with an acceptable apology, in the aforementioned two consecutive editions of ThisDay Newspapers.
“An order of injunction is hereby made restraining the defendant or their servants, agents, privies, and associates from publishing the same libel or similar libel or continuing to circulate the same libel or similar libel of that sort regarding the claimant. The judge reminded the parties of their right to appeal.
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