Respondents were the management staff of African Newspaper of Nigeria (printers and publishers of the "Nigerian Tribune").

Appellant is the publisher of the "Nigeria chronicle".

The Nigerian chronicle (On august 7th 1986) ran an article which had a caption titled "Tribune may be shut by Awo" along with an article on the subject.

Appellant, in its statement of defence, admitted running the article and set up the defences of justification and fair comment.

At hearing, a journalist and the then Managing Director of Sketch press along with 3rd respondent testified on behalf of respondents.

Appellants rested their defence on the respondents case.

The trial judge found for the respondents and awarded damages fixed at N80,000.00 to each respondent.

The appellate court upon appeal dismissed the appeal but used its powers under section 16 of the Court of Appeal Act, to vary the awards to one single award of N560,000.

Appellant went on appeal to the Supreme Court.