AFRICAN NEWSPAPERS OF NIGERIA PLC & ANOR V. LT. GEN. JEREMIAH USENI (RTD)

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): In the High Court of Lagos State, at the Lagos Judicial Division in suit no. LD/805/2004, the claimant now the Respondent claimed against the Defendants now the appellants jointly and severally in paragraph 17 of his further amended statement of claim as follows:

"17. WHEREOF the Claimant Claims against the 1st and 2nd Defendants jointly and severally as follows:-

i. A DECLARATION that the publication captioned "COUP - Malu, Useni and Magashi arrested" at pages 1 and 4 of the Nigerian Tribune No. 13, 346 of Monday the 15th day of April, 2004 is libellous and has discredited and damaged the reputation of the Claimant in the eyes of the general public.

ii. ₦1 billion (one Billion Naira) being damages against the Defendants jointly and severally for the libellous and mendacious publication of and concerning the Claimant.

iii. Cost of Litigation"

THE FACTS:

In the Tribune Newspaper of 5th April, 2004 the Appellants published a…