Sometime in or about 1974, the Federal Military Government through the Ministry of Defence acquired a substantial parcel of land along Okuku Ogoja Road in Ogoja for the purpose of Ogoja Army Cantonment. The appellant. Dr. Mathias Offoboche, who owned a part of the land acquired, was given a power of attorney by persons who, on the face of it, were representatives of some communities which owned another portion of the land acquired. By a letter dated 9th September, 1988 the Ministry of Defence (“the Ministry”) wrote to the Chairman of the Ogoja Local Government Area, Ogoja asking for confirmation of competence of donors of powers of attorney to the appellant in respect of the acquired land. The 2nd respondent, Mr. Joseph Oko Agabi was the Chairman of the Local Government at the material time. By this letter of 21st September, 1988, he as the Chairman of Ogoja local Government, in reply to the request, wrote to the Ministry confirming that the donors of power of attorney represented the interest they assumed to represent. What followed thereafter is the cause of the action that led to this appeal.

By a letter dated 26th September, 1988 written by I.B. Yakubu & Co. (Legal Practitioners) and headed “Misrepresentation and Fraud in the matter of Grant of Power of Attorney in Respect of Compensation due Ukamusha Community,” among other things, the legal practitioners conveyed to the Chairman of the Council their clients demand of an urgent retraction by the Chairman of the letter of confirmation written by the Chairman on the basis of the earlier misrepresentation of facts to him. Apparently, they attached to the letter a resolution of the people of Ukamusha Community made on 16th September, 1988. By this letter of 27th September, 1988 confirming the due grant of power of attorney to the appellant. To the letter he attached. (i) Power of Attorney granted Barrister Idi Baba Yakubu by the Ukamusha Community, (ii) A resolution of the Ukamusha Community in the matter of Power of Attorney and payment of compensation, (iii) Power of Attorney granted by Ukuku Community to Barrister Gregory Ngaji and (iv) The resolution of Ukuku Community in the matter of Power of Attorney and payment of compensation.

By writ of summons issued on 4th October, 1989 the appellant commenced an action against the Ogoja Local Government and Mr. Joseph Uko Agabi, who are now the respondents in this appeal claiming N50 million being damages for libel and injunction.

The Learned trial judge found the Respondents liable for libel. An award of N10 Million was made against them.

The Court of Appeal reversed the judgment of the trial court.

The appellant, dissatisfied appealed to the Supreme Court.