Appellant published an article about the respondent which alleged that Fred Ajudua was wanted by the Police and that he was a close friend of the Police IG.

Respondent had demanded an apology on two occasions which never came. He thus brought this action against them.

Following service of the writ on the appellant through its offices in Abuja, the appellant filed no statement of defence and had been seeking various adjournments which were granted. It was obvious that the appellant were trying to frustrate the proceedings.

The respondent was, thus, granted leave to lead evidence in proof of his claims. He did. At this point, appellant brought an application for extension of time to file a statement of defence and to recall respondent's witnesses for cross-examination.

The trial court granted both applications based on the condition that the appellants pays N45,000.00 being the expenses of the witnesses for 14 days. Appellant then filed another application asking for the setting aside of all processes since service of the writ was done at its branch office instead of its Lagos head office. This application was refused.

By the time respondents had finished arguing their case, appellant had still not filed a statement of defence. On the day judgement was to be delivered, appellant filed for the arrest of judgement and seeking the reopening of appellant’s defence but this process was not listed nor argued prior to the delivery of judgement.

The court held the article to be libelous and awarded N2 million in damages to the respondent. Dissatisfied, the appellant appealed.