Libel: Court Restrains Community Newspaper, Publisher Perpetually

Nseobong Okon-Ekong

The High Court of Lagos State has granted a perpetual injunction against a community newspaper and its publisher for libelous publications against a former commissioner in the state.

The former Commissioner for Physical Planning and Urban Development, Prince Rotimi Ogunleye, had filed Suit No. IKD/ADR/073/2020 at the High Court of Lagos State in the Ikorodu Judicial Division on August 4, 2020 against the Ikorodu-based Oriwu Sun Newspaper Limited and the Publisher Alhaji Monzor Olowosago for libelous publications in their various editions dating back to 2017.

Ogunleye who is the claimant in the suit filed a 49-paragragph Statement of Claim while the 1st Defendant (Alhaji Monzor Olowosago) and the 2nd Defendant (Oriwu Sun Newspaper Limited) did not file any Statement of Defence.

In a consent judgement delivered on February 11, 2022 by the Hon. Justice L.A.M. Folami sitting in the General and Civil Division of the High Court of Lagos State, Ikeja, Olowosago (1st Defendant) and Oriwu Sun Newspaper Limited (2nd Defendant) admitted publishing the libelous statements against Ogunleye and consequently undertook to publish retractions and apologies on the front page of two consecutive editions of Oriwu Sun Newspaper.

According to the judgement by Justice Folami, the defendants are “perpetually restrained from further writing, printing and publishing similar, identical or any libelous statements against the Claimant”

Ogunleye as Claimant/Applicant had on the September 8, 2020 obtained an interlocutory injunction against Olowosago and the community newspaper as Defendants/Respondents in a ruling delivered by the Hon. Justice O.O. Ogungbesan which restrained “the Defendants / Respondents jointly and severally either by themselves, agents, privies or whosoever or howsoever called from further writing, printing, publishing and circulating any defamatory statements against the Claimant/Applicant in the Oriwu Sun Newspaper or in any other medium overtly or covertly pending the determination of the substantive suit before this honourable court.”

The former commissioner who spoke after the court’s sitting expressed happiness at the judgement and observed that it had vindicated him against the unwarranted, reckless and malicious publications by the defendants.

He added that the judgement underscored the need for professionalism in the practice of journalism.

Ogunleye, a lawyer, journalist and former editor of the Business Times in the Daily Times stable advised journalists to adhere to the tenets of the profession by publishing truth based on verified facts.