A High Court sitting in Federal Capital Territory, Abuja presided over by Hon. Justice Halilu on Tuesday awarded the sum of N30 million as damages against Vanguard Media Ltd(publishers of Vanguard Newspapers), Punch Nigeria Ltd (publishers of Punch Newspapers) and Premium Times Services Ltd (publishers of Premium Times Newspapers), in a libel suit instituted by one Obinna Oscar Obioha.
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Besides the N30 Million damages, which the three-newspaper house is to pay 10 million each, they were also ordered by the Court to publish a retraction and an apology to Obinna Oscar Obioha in six (6) national dailies.
The judgment was in regard to a publication made by the three-newspaper houses in its Thursday, April 20, 2017 edition, which they retrieved from the Nigerian News Agency (NAN) where it was alleged that Obinna Obioha, age 31, and a citizen of Nigeria, was sentenced to serve 51 months in prison for operating a fraud scheme that stole millions of dollars from businesses in the United States and other countries.
However, the three newspaper houses inserted the picture of the Plaintiff in their publication which was not done by NAN. Peeved therewith, he approached the Court for redress.
Delivering the judgment of the Court, Justice Halilu averred that the conduct of the defendants (Vanguard, Punch Nigeria and Premium Times Newspapers) were below diligence.
The Court further held that Nigerian News Agency was able to prove that the agency made its publication without any photo of Obinna Obioha.
“The 3rd Party, witness((Nigerian News Agency), has in his evidence said the Agency did not post any picture there in the publication with the title “US court jails Nigerian Hacker, Obinna Obioha”.
“The argument with respect to indemnity is neither here nor there, in view of the fact it is already settled that the NAN did not use any picture to show the face of the alleged hacker jailed in US, I am certain that there are so many Obinna Obioha in this world.”
In addition, exculpating NAN from liability, the Court held:
“If the news item did not carry the picture of the plaintiff depicting him as a criminal who has been jailed in the US for hacking into people’s email account, I am most certain that the Defendants will not be in this court.”
Furthermore, the Court held that the Defendants owe it as a duty to verify information and possibly liaise with the correspondence in New York to know what took place in Court and the identity of the person that was jailed, in order to fortify their news but in the instant situation, none was done.
“From the evidence before the court by the 3rd party sole witness and the aforementioned print out from the NAN where the news originated from there was no picture of the alleged hacker talk of the plaintiff before me which was actually posted by the NAN in their site.
“Failure to lead evidence orally or documentarily to show that both the news item and the picture was from the NAN to the 1st and 2nd Defendants can not at this point attempt to share or transfer their liability on the third party witness.
“It is my judgment that the Defendants ought to implore every professional diligence in ensuring that whatever and however, they procure news, the authenticity and veracity is relevant even though the Defendants in examination in chief and cross examination have said that NAN is a credible news platform which I do not doubt.”
Therefore, the Court held that as a result of the publication which unlawfully contained the picture of the Plaintiff, he is entitled to redress.
“I have considered the case before me viz a viz the documents, the plaintiff has undergone mental and psychological torture arising from the conduct of the Defendants, who failed and refused to retract the said publication. The 1st, 2nd and 3rd Defendants are to pay N10 million to the Plaintiff as a compensation for the unwanted attack on his person using a picture depicting him as a criminal when he never did such a thing.”
Justice Halilu also ordered the Defendants to publish a retraction and an apology in 6 newspapers.
Tobechukwu Nweke represented the plaintiff, Obinna Obioha, Ike Chude represented Vanguard Media LTD while Olumide Fusika SAN was the counsel for Punch Nigeria LTD.
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