The Plaintiffs in the original action claim that the Defendant, General Yakubu Gowon, is the father of the 2nd Plaintiff, Musa Gowon. They also claim damages of the sum of N10,000,000.00 for alleged libel contained in a letter published by the Defendant through his solicitors to the Editor of a monthly magazine "The Prime People." Also claimed is the payment of N250,000.00 being money expended for the education and upkeep of the 2nd Plaintiff. Also that the Defendant should maintain and pay the school fees of the 2nd Plaintiff from the date of judgment. Lastly the Plaintiffs seek an injunction to restrain the continued libel complained of.

As I have already stated, the Defendant denied liability and filed his Statement of Defence, on 5th February, 1991. It was after this that he brought a motion seeking leave to file an amended Statement of Defence by the inclusion of a counter-claim.

The Learned trial Judge struck out both the amended Statement of Defence and the counter-¬claim.

Dissatisfied, defendant appealed to the Court of Appeal. The appeal was dismissed by the Court of Appeal.

Dissatisfied, the Defendant appealed to the Supreme Court.