A Delta State High Court sitting at Warri has awarded the sum of five Million Naira compensation in a case of libel in favor of Justice Godwin Ejaeta Gbemre (rtd) in Delta State.
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The judgement which was seen by TheNigeriaLawyer (TNL) was delivered on Friday 8th May 2020 by Hon. Justice Roli Daibo Harriman pursuant to a suit No W/76/2018 filed by Justice Godwin Ejaeta Gbemre against Mr Zik Gbemre for libel and defamation of character.
The Defendant, Mr. Zik Gbemre, had in several text messages to the Chief Judge of Delta State, The Attorney-General and Commissioner for Justice of the State, Commissioner of Police of the state, and many others accused the Plaintiff of corruption and accepting bribe. Other allegations are:
“II. That he engages in activities that is and/or are unbecoming of his status, office and judicial position
“III. That he cause unrest, civil disorder and conflict in his community
” IV. That he is an ambiguous an ulterioly motivated opportunist who is interested in promoting his own selfish ambition by creating crisis and fanning the embers of hatred and crisis in his community” among others.
The defendant in response insisted that the content of his text messages were true. He accused the plaintiff for meddling in the affairs of the community and has created crisis in the community. He stated however that he had already abandoned his petition that was before the National Judicial Council (NJC). In summary, the Defendant contended that his text messages were not defamatory and the Plaintiff never suffered any injury. He relied on defense of justification and his petition to NJC was privilege.
The court ruled in favour of the Plaintiff and held that the defendant clearly showed in his pleadings, evidence and exhibits tendered that he was driven by malice. He threatened (blackmailed) the claimant at every turn. The defendant was relentless. He was determined to put an end to the perceived power of the claimant to influence others. His actions were driven by his desire to be in control of the affairs of his community and he was prepared to destroy anyone, anything in his path to achieve that goal,even if it meant destroying the reputation and career of his first cousin.
The court rejected the defenses of justification and privilege relied upon by the Defendant and made the following orders:
“(a) The defendant is to write a letter of apology to the claimant through his counsel within 14 days hereof.
“(b) The defendant is to publish a reaction of his offending publication and his apology by filling same at the Registry of the high Court of Justice, Warri Judicial Division within 14 days hereof.
“(c) The sum of N5. 000.000.00 (Five Million Naira) Only as compensation to the claimant.
“(d) Cost of N50, 000. 00 (Fifty Thousand Naira Only.
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