A high court in Rivers State has ordered ThisDay Newspaper to pay the sum of two hundred million naira as damages for the libelous publication it made against the Rivers State Governor Nyesom Wike on June 23, 2020.
Delivering judgment on Monday, Justice Adolphus Enebeli ordered the newspaper to withdraw the said offensive publication and also publish an apology in the terms accepted or reasonable in two consecutive publications.
Following what he perceived as a deliberate attempt to destroy his integrity, Rivers State Governor Nyesom Wike had dragged ThisDay Newspaper to court, claiming seven billion naira as damages for libel published on the front page of the newspaper edition of Tuesday June 23, 2020.
The Governor claimed that the paper in a front-page publication captioned: “With a Friend Like Wike, Obaseki meets his PDP’s Waterloo; almost” maliciously and falsely portrayed him as an unreliable friend or person who lacks integrity.
In the suit filed by his counsel Emmanuel Ukala, Senior Advocate of Nigeria, Governor Wike claimed that the defendant had also portrayed him as a selfish, pretentious, vindictive politician and person who meddled in and exerts subterranean influence in judicial matters in courts sitting in Port Harcourt to achieve selfish political interest.
Most read: Wike queries sincerity, implementation of CBN Naira swap policy
He argued that the comments are serious allegations that should not be wished away
The Governor therefore asked the court for an order of mandatory injunction, compelling the defendants to withdraw, retract, and recant the said libellous publication.
The retraction is to be published by the newspaper on its front page and devout the whole page of the publication to the retraction.
The claimant is further seeking an order of injunction restraining the defendants by themselves or by their servants, agents, privies, and associates from further publishing the said libelous publication concerning the claimant
Trial on the matter, which began on December 19, 2021, saw the Rivers State Governor in an unprecedented move take the witness stand
In his submission, counsel to the defendants Tuduru Ede claimed that the comments made in the publication were fair and in the interest of the public.
He argued that there was no bias or malice against the claimant who had taken the comments out of context.
He further argued that the comments were not made against Governor Nyesom Wike as a person, but as a politician and public office holder
Delivering judgment on Monday, Justice Adolphus Enebeli ruled that the comments made in ThisDay newspaper were made with the knowledge that the facts were not true at the time of publication.
He described the comments as untrue, self-opinionated, and reckless.
Justice Enebeli said the defendants had also crossed the line when they failed to prove the accusation they made against the Rivers State Governor of meddling in judicial matters in courts sitting in Port Harcourt.
He added that none of the evidence presented before the court; including videos made after the publication, could support their claims.
He noted that the fact that the Rivers State Governor is subject to public scrutiny does not give the defendants the right to hide under the shelter of privilege; public interest and fair comment to malign his character and integrity.
The court then ordered ThisDay newspaper to pay two hundred million naira as damages for the libellous publication it made against the Rivers State Governor on June 23, 2020
Justice Adolphus Enebeli also ordered the defendants to withdraw the libellous publication…
i-Publish an apology in terms accepted or reasonable in two consecutive publication
iii- and restrained the defendants by themselves or by their servants, agents, privies, and associates from further publishing the said libellous publication concerning the River State Governor.
Editor: Paul Akhagbemhe
