HIS EXCELLENCY, MR. AYO FAYOSE V. INDEPENDENT COMMUNICATIONS NETWORK & ORS

TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): On the 19th March, 2009, the High court of Justice, Ado-Ekiti presided over by A.S. Daramora, J., dismissed the action of the appellant who was the plaintiff in the suit No: HAD/81/2004. The plaintiff in that action had claimed the sum of one Billion Naira (1₦bn) as damages against the respondents, for libel published of him and contained in The News Magazine, Vol .23, No.18 Edition of 8th November, 2004 The caption in the said magazine was "My brother is wild and cruel - The shocking Testimony of Governor Fayose's sister." one Peter Morakinyo Ogele also, in the said publication, had addressed a press conference wherein he stated in a text thereat, that the appellant had wanted to kill him; which precipitated the action against the respondents.

The parties called witnesses at the trial and at the end of which, written addresses were filed and exchanged between them. The trial court, in its judgment found for the respondents a…