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CaseLaw

Reg. Trustees of Amorc V. Awoniyi (1994) CLR 9(C) (SC)

Brief

  • Libel
  • Defences
  • Plea of Innuendo

Facts

The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suit claiming:

  • a
    N10,000,000 (Ten Million Naira) aggravated damages for libel contained in the Defendants Journal styled: Todays Challenge in March/April, 1984, and May/June, 1984, issues at pages through 29 and 24 through 27 respectively being a serial article headed: -Rosicrucian Order (Amorc) (Bed-Fellow with satanic, secret cults?). The defendants published in the said issues of their Journal (which has large circulation throughout Nigeria, West Africa and overseas), of and concerning the plaintiff, the words following, that is to say:
  • 1
    One significant fact that came to light as a result of that fire incidents is that the meeting place, den, of a confirmed secret society. Ogboni was conducive for Rosicrucians to hold their own meetings.
  • 2
    Not only was the meeting place of sinister groups like Ogbonis and Odd Fellows conducive for Rosicrucians to hold their meetings, the aims and objectives of AMORC were also similar and compatible with those of Ogboni and the Odd Fellows. The extent and proof of their compatibility lay in the fact that the Rosicrucians tucked away their rare property and documents, as well as their choice volumes of correspondence in the den of the Ogbonis.
  • 3
    Do not be misled. AMORC is a secret society despite its frequent disclaimers that it is not.
  • 4
    Considering -Mother- in the Rosicrucians system, one cannot but ask some questions that erupt spontaneously, setting promotion matters? Is this the occasion for a settling promotion matters? Is this the occasion for a member, feeling cheated and revengeful towards a non-member, to unburden his heart? Is this the type of help that the - Mother is supposed to seek the co-operation of the other members to render? What is the difference between what obtains between -Mother and the members on the one hand, and the lobbying that obtain in lodge meetings of the secret societies on the other? One might object that there is nothing wrong with one making one's need for a job or promotion known to other people. But there is everything wrong with going to a room with five doors locked with iron bars behind one to express one's desires (voluntarily?).
  • 5
    Astral projection is a wicked practice especially when the projection is aimed at a person in his sleeping state.....
  • 6
    Here again the reader should note that there is a third party, the -Cosmic Mind involved in astral projection. Similarly, the vibrations are a non-objective source and not of the objective world. The source of all astral projection is definitely satanic.
  • By reason of the premises the plaintiff has been greatly injured in its reputation and has suffered damage.

  • b
    Perpetual injunction restraining the defendants and each one of them whether by themselves or by their servants or agents from further writing, printing or circulating or causing to be written, printed or circulated or otherwise publishing of the plaintiff the said or any similar libel. Issues were joined by the defendants. Pleadings were ordered, filed and amended several times. Both parties called a number of witnesses and several documents were tendered and received in evidence. At the end of the trial, in a reserved judgement by the learned trial Chief Judge, found in favour of the plaintiff The trial High Court Calabar gave judgement in favour of the appellant on 23rd May, 1988 for N1,000,000.00 (One Million Naira) for the libel contained in the articles.

The respondent/cross-appellants appealed to the Court of Appeal by their notice of appeal filed and dated 7th June, 1988. On the 4th August, 1988, the respondent filed in the Calabar High Court, additional grounds of appeal to the one already filed in their notice of appeal. In a considered majority judgement of the Court of Appeal (2 to 1) by Uwaifo, J.C.A. He allowed the appeal and dismissed the action. The court also held that the additional grounds of appeal filed before the expiration of the time within which to appeal were properly filed and no leave is required to file same.

The appellant appealed against the judgment while the respondents cross-appealed on the issue of defence of fair comment and qualified privilege and on issue whether there was evidence of the publication.

Issues

  • 1
    Whether it was proper for the Court of Appeal in its lead judgement to...
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