Court awards N25m to Adams Oshiomhole as damages over News Of The People 2011 publication.
A High Court sitting in Benin City, yesterday, 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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