N450m Libel Suit: Why Nine S’Court Justices Sued Concord Press.
By our correspondent
The N450million libel suit instituted by nine justices of the Supreme Court against Concord Press of Nigeria (CPN) in 1993 was one of the celebrated cases of that period. But the matter was withdrawn from court when CPN apologised to the justices. FRANCIS FAMOROTI, Head, Judiciary, writes.
Sometimes in January 1993, the then Chief Justice of Nigeria, Justice Mohammed Bello, and eight other justices of the Supreme court filed a N450 million libel suit against the Concord Press of Nigeria (CPN) , seeking damages for an alleged defamatory publication in its weekly newsmagazine, the African Concord .
In the suit filed at the Ikeja High Court, each of the justices sought an award of N50million compensatory damages for the alleged libel.
In their statement of claim, Justice Bello and his brother justices contended that the offensive news story was published in a December 1992 edition of the newsmagazine titled: ‘‘Justice Mohammed Bello : Kick him out now! Lawyers demand”.
Specifically, the Supreme Court justices claimed that the reference to them severally and individually in the African Concord publication that Gen. Ibrahim Babangida administration had bribed them with Mercedes Benz exotic cars’ gifts amounted to libel and had brought them to ridicule. They claimed that it also tended to lower them in the estimation of rightthinking members of the public.
Foremost lawyer, Chief F.R.A Williams (SAN) had instituted the action on behalf of Justice Bello and other apex court justices while the activist lawyer, Chief Gani Fawehinmi was abroad for medical attention.
Immediately, the fiery lawyer learnt that the justices of the apex court had gone to court; he called his chambers on phone from London and asked his juniors to enter appearance for CPN in the matter. Prior to that period, Fawehinmi, who was not on terms with the CPN publisher, Chief M.K.O Abiola suddenly, became CPN’s lawyer and he defended the company during the hearing of the suit.
Williams equally led Otunba T.O.S Benson (SAN), Babashola Rhodes (SAN) and a number of other lawyers on behalf of the justices.
Each time the court sat, Abiola, often resplendent in flowing Agbada, with a cap to match, personally appeared in court with his aides alongside with some top management staff of the company.
Indeed, the case was laden with several twists and wits. When the hearing of the case commenced, of note was an application brought by Fawehinmi, which asked the presiding judge, Justice Omotunde Ilori to disqualify himself from handling the suit on the ground that Justice Ilori and Chief Williams are in-laws. Ilori’s daughter, Olusola (now a judge) is married to the senior advocate’s youngest son, Tokunbo.
Fawehinmi, who led a number of lawyers including Mr. Femi Falana, had argued that Justice Ilori should hands-off from the matter on ground of real likelihood of bias as he might give justice in the case in favour of his in-law.
But Justice Ilori in his ruling declined to disqualify himself from hearing the case. He declared courageously that as a judge, he had sworn on oath to do justice to all manner of people without fear or favour, ill-will or affection, adding that to succumb to Fawehinmi’s request would amount to an abdication of his sacred duty as a judicial officer. He held that the activist lawyer‘s submissions were without precedent.
The judge eventually heard the matter, which was adjudged a celebrated case at the time.
After the disposal of the preliminary interlocutory applications pending before the court, CPN, which pleaded justification as a defence called its first witness, Samson Atayero, a vehicle licensing officer from the Federal Capital Territory (FCT). Others who testified during the hearing of the matter included, Justice Andrews Obaseki, retired justice of the Supreme Court and a former Secretary to the Government of the Federation, (SGF) Alhaji Aliyu Mohammed, who was in office between January 1, 1990 and August 26, 1993.
Perhaps, the humorous aspect of the case was captured when the ex-SGF stepped into the witness box to give his evidence. Fawehinmi had asked him to state the period when he occupied the office of SGF to which he promptly replied.
The next question posed to him by the human right lawyer, however provided a comical relief for scores of people who thronged the court to hear the proceedings.
As Fawehinmi puts it ‘’please, tell the honourable court your academic qualification and highest educational background when you joined the civil service?”
In annoyance, Alhaji Aliyu replied that ‘’I did not come to court to look for job or seek any employment”. But Fawehinmi insisted that the witness must answer his question while Williams prayed the court to protect the witness.
Justice Ilori however, passionately urged Aliyu that as a witness on oath, he was bound to answer all questions put to him to the best of his knowledge and ability. The judge assured him of adequate protection by the court.
The ex-SGF then answered ‘’ My Lord, my educational qualification is Teacher’s Grade Two certificate”.
Fawehinmi in his characteristic manner chorused ‘’ Teacher’s Grade Two certificate, and he rose through the ranks to become the SGF!”. The comment drew laughter from most people in the court room but Williams interjected that there was nothing funny in this testimony because the witness was being truthful.
He said Fawehinmi was merely asking questions along that line to generate catchy headlines for news media.
Along the line, the case assumed a new dimension when Abiola bowed to pressures from some quarters to compel the CPN and the then editor of African Concord, Bayo Onanuga to apologise to the justices. Those who brokered the out-ofcourt settlement of the matter had advised Abiola to ensure the apology was published in a conspicuous space of the newsmagazine in a bid to placate the Supreme Court justices. Onanuga disagreed with his employer on the decision to make a Uturn in the case. This obviously prompted his sudden resignation from the company. Fawehinmi too was unhappy with the development and he withdrew his representation for CPN and the African Concord.
The management of Concord Press eventually apologised to the Supreme Court justices over the offensive publication and this made them to withdraw the suit at the high court. As soon as the motion for the withdrawal of the suit was filed by Williams, the judge struck it out.
