The plaintiff is a Nigerian, a Legal Practitioner, a Company Director and a Politician. The 1st Defendants are the Printers and Publishers of Guardian Newspapers which are published throughout Nigeria and in many parts of the world and have their head office at Rutam House, Isolo, Lagos State. The 2nd defendant was the Editor of the Guardian Newspapers published as volume 7 No. 4845 on Monday, 1st October, 1990. The 3rd defendant, purporting to be a "Political correspondent" just back from City, caused to be published at page 13 an article under the heading "Bendel Governorship Race – will money make the essential difference?"

Appellant then instituted an action against the respondent claiming general damages claiming that the respondents meant and were understood to mean inter alia that the appellant was not worth talking about as a gubernatorial aspirant; that the appellant was no more in politics otherwise than of nuisance value and that the appellant was an embarrassment to his party, the Social Democratic Party and was not a fit and proper person to seek nomination as a governorship candidate.

The trial court dismissed the appellant's claim.

Dissatisfied with the said decision, the appellant appealed.