The Court of Appeal, Lagos Division, has dismissed an appeal filed by the Institute of Chartered Accountants of Nigeria (ICAN) challenging the judgement of Justice Olateru Olagbegi (rtd) of the Lagos State High Court, which ordered the Institute to pay a former student, Paul Ikele, N500, 000 for libel.
![](https://thenigerialawyer.com/wp-content/uploads/2024/04/Idrinstitute.jpg")
![](https://thenigerialawyer.com/wp-content/uploads/2024/03/2024.lidw_.jpg")
In his lead judgment, Justice Gabriel Kolawole found the appeal lacking in merit, and consequently dismissed it and awarded an additional N200, 000 in favour of the respondent.
Justice Kolawole’s judgment was consented to by Justice Obande Ogbuina (presiding) and Justice Ugochukwu Ogakwu.
The respondent had sued ICAN in the lower court for publishing in its October/December 1991 edition Vol. XXIV. No 4 of ‘The Nigerian Accountant’, a story captioned: ‘Blacklisted’, about him with his photograph prominently displayed at the bottom of the story.
He alleged that ICAN falsely and maliciously accused him of faking the Institute of Cost and Management Accountant (ICMA) and the Institute of Chartered Secretaries and Administrators (ICSA) certificates.
The respondent was also alleged to have forged the signature of his purported sponsor in his application for exemption in some of ICAN examinations.
He contended that the published words, in its ordinary and natural meaning, meant that he was blacklisted for fraudulent acts and barred from further applying to become a member of ICAN.
Consequently, his lawyer, Ben Edechime, in a letter dated January 27, 1992, demanded an apology and retraction of the said defamatory publication, but ICAN refused to comply with the demands.
However, ICAN, in its response, justified the said publication, stating that the respondent in August 1984, after series of unsuccessful attempts to pass the Institute foundation examination, applied for exemption from the foundation and professional 1, except Nigerian Law II.
ICAN asserted that the said application was supported by copies of professional II certificate of the Institute of Cost and Management Accountant (ICMA) and final certificate of the Institute of Chartered Secretaries and Administrators (ICSA).
It was also stated that the respondent, in the said application forged the signature of Mr. J. O. Sanusi, the then Deputy General Manager of the First Bank of Nigeria, at the material time.
However, in its judgment delivered on March 27, 2012, the lower court upheld the allegation relating to the respondent’s presentation of ICMA and ICSA certificates, which the lower court found the respondent not to possess at the material time of applying for the exemption.
Nevertheless, the lower court held that ICAN failed to prove the allegation of forgery of the signature of the purported sponsor, and awarded damages of N500, 000 against the Institute for libel.
Dissatisfied, ICAN in its notice of appeal filed by its lawyer, Ms. Funke Loko, challenged the judgement on the ground that the trial judge erred in law in holding that the respondent was libeled, and that the award of damages was against the weight of evidence presented before the court.
Affirming the judgment of the lower court, the appellate court held that the publication, which was authored by ICAN (the appellant) in its journal of October/December 1991 Vol. XXIV No. 4 page 19, was indeed libelous.
Justice Kolawole, in his lead judgement, held that the respondent was able to challenge the allegation of forgery when he proved that his sponsor was Mr. Kayode Ajasin, the then director of Finance and Administration of the Nigerian Institute of Management, and not Mr. J. O. Sanusi as alleged in the publication.
The Justice said: “I find the instant appeal to be bereft of any iota of merit, and my considered view is that same be dismissed. I hereby dismiss it. In essence, the judgment of the lower court delivered on March 27, 2012, by Justice Olateru-Olagbegi in suit number: LD/127/3/1994 is hereby affirmed. The cost of N200, 000 is awarded in favour of the respondent.’’
NIALS' Compendia Series: Your One-Stop Solution For Navigating Nigerian Laws (2004-2023)
Email: info@nials.edu.ng, tugomak@yahoo.co.uk, Contact: For Inquiry and information, kindly contact, NIALS Director of Marketing: +2348074128732, +2348100363602.
