Court Orders Ogun Monarch to Pay N500m for Libel Against Rite Foods Chairman

Wale Igbintade

An Ogun State High Court sitting in Abeokuta has awarded N500 million in aggravated and exemplary damages against the traditional ruler of Ososa, Oba Adetoye Mojeed Alatishe, for defaming prominent businessman and Chairman of Rite Foods Nigeria Limited, Alhaji (Dr.) Sulaiman Adebola Adegunwa.

Justice E.O. Osinuga, who delivered judgment in the 2020 libel suit, held that no financial compensation could fully restore the damage done to Adegunwa’s reputation which the court found had been severely injured by defamatory publications that portrayed him as a felon, instigator, and saboteur.
In addition to the N500 million award, the court directed Oba Alatishe to publish retractions in three national dailies – ThisDay, The Punch, and The Nation.

The suit stemmed from a 2019 petition authored by the traditional ruler and addressed to then-Governor Ibikunle Amosun, which was also sent to seven other senior state officials, including the Ogun State Commissioner of Police.
The petition accused Dr. Adegunwa of plotting to demolish the Oba’s palace to build a market and convert the town’s market into a town hall – allegations the court found to be unsubstantiated and malicious.

The petition was later published in City People Magazine and Obanta Newsday, prompting Dr. Adegunwa to demand a public retraction – an appeal Oba Alatishe allegedly ignored.
In his suit, filed by senior advocate Mr. Sola Ojutalayo, Dr. Adegunwa contended that the defendant’s petition and its publication in widely circulated media outlets were deliberately crafted to damage his reputation among business partners, associates, and the general public.

Dr. Adegunwa, who holds the national honour of OFR and is recognized as a major employer and philanthropist in Ogun State, argued that the statements labeled him as a felon, saboteur, and a threat to peace in the community – descriptions the court found to be defamatory.

The defendant, through his counsel Otunba Kunle Kalejaye, SAN, argued that the contents of the petition were covered by qualified privilege and that he was not responsible for their publication in the media.
He also contended that the suit was defective for failing to join the publishers of the magazines as parties.
However, the court rejected these arguments. Justice Osinuga held that the defence of qualified privilege did not apply, especially since the Oba admitted under cross-examination that his petition was motivated by personal disagreements with the claimant.

The court also noted the monarch failed to substantiate the claims in his petition, as he did not call any witnesses to corroborate the allegations.
Justice Osinuga remarked that as a community leader, Oba Alatishe should have sought dialogue or issued a retraction when requested, rather than allowing the dispute to escalate into litigation.

While the court agreed that the failure to join the publishers rendered the published articles inadmissible as direct evidence, it held that the act of sending the defamatory letter to multiple influential parties was sufficient to hold the monarch liable.
The court awarded Dr. Adegunwa N500 million in damages, N500,000 in litigation costs, and ordered retractions to be published in the aforementioned newspapers.