In the Onitsha High Court of Anambra State, the respondent as plaintiff claimed against the appellants as defendants in paragraph 9 of his statement of claim:

Iyizoba, J (as she then was) presided. The plaintiffs (a Pastor) case was that the 2nd defendant wrote an article in the Sunday edition of the 1st defendants Newspaper on the 3rd of December 1995. The article Titled "Lessons from a Pastor", according to the plaintiff was false and malicious and portrayed him as a thief and dishonest person who stole items mentioned in the article, and that since the article was published his reputation has been damaged and he has lost his congregation . Three witnesses called by the plaintiff expressed similar views in their testimony on oath. The plaintiff claimed N10m damages for Libel. The 2nd defendant who wrote the article testified that contents of the article are true. He pleaded that the article is fair comment on a matter of public policy. The plaintiff called three other witnesses while the defendants called three witnesses which included the 2nd defendant. Several documents were tendered as exhibits.

The learned trial judge heard evidence and considered the defence of fair comment and justification. Evaluated evidence and in a considered judgment delivered on the 23rd of February 2000 found that the article was libelous of the plaintiff, awarded N500,000.00 damages and restrained the defendants, its agents, privies from further publication of the libelous article. The defendants now appellants filed an appeal before the Court of Appeal Enugu Division, and in a unanimous decision delivered on the 22nd day of April, 2005 that Court dismissed the appeal