OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Gombe State sitting in Gombe (hereinafter referred to as the trial Court) in Suit No. GM/56/2004 delivered on 21st December, 2010.
At the trial Court, the deceased father of the Respondent, Alhaji Dahiru Mela, as plaintiff issued a Writ of Summons and Statement of Claim against the Appellant as defendant and claimed as follows:
(a) A declaration that the words uttered by the Defendant, which was aired through Radio Gombe, was defamatory which has lowered the standing of the Plaintiff in the society he lives.
(b) An order of the Honourable Court directing the Defendant to write a letter of unqualified apology addressed to the Plaintiff retracting the words uttered against the Plaintiff.
(c) An order of the Honourable Court directing the Defendant to retract the defamatory words he uttered against the Plaintiff through the same medium he published the alleged defam…