In the court below, the plaintiff sued the defendants jointly and severally claiming N500.000.00 (five hundred thousand) being general damages for libel contained in June 29, 1985 page 11 issue of the Punch newspapers, sub-headlined LDFA to render account" with the following:

He also claimed an injunction restraining the defendants jointly and severally by themselves, their agents or servants or otherwise from publishing the said or similar libel of and concerning the plaintiff and an apology from the defendants to be caused to be published in their newspapers in respect of the libelous article.

Amended statement of claim and amended statement of defence, with the leave of court, were eventually filed and exchanged between the parties. Subsequently the case proceeded to trial. And after taking the addresses of counsel on both sides, the learned trial Judge of the court below, A. L. A. L. Balogun J. dismissed the plaintiff's claim.

Being dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal.