Benin, Edo, Nigeria – By Oladipo Airenakho.
Five hundred million naira libel suit instituted by the Chairman, Board of Trustees of the Peoples Democratic Party, Chief Tony Anenih against the Chief Press Secretary to Governor Adams Oshiomhole of Edo State and Edo Broadcasting Service (EBS) has been dismissed by an Edo State High Court 10 in Benin City, the State capital.
Justice U.I Erameh delivered the judgment last Friday in the consolidated Suits No: B/285/2010 & B/366/2010 between Chief Tony Anenih (CFR) as plaintiff and Mr Peter Okhiria (Chief Press Secretary to Edo State Governor) as defendant.
Others joined in the suit as co-defendants included, Edo Broadcasting Corporation and Bendel Newspaper Company Limited, publisher of the Nigerian observer
Chief Anenih had alleged that he was libelled by the press release in respect of the bomb scare incident at the premises of Edo State House of Assembly and Edo State Broadcasting Services, issued by Mr. Okhiria in 2010 and sought N500m in damages.
In the judgement, the Judge refused Chief Anenih’s prayers to declare that a Press release issued on behalf of the state Government in 2010 was libellous, thereby rejecting N500 million damages, among others sought by the plaintiff.
Justice Erameh held that the defence of privileged occasion availed the first defendant, Peter Okhiria, on the ground that he acted on the instruction of the Governor who is the state’s Chief Security Officer to educate and inform the public on security happenings in the state.
She added that such a statement was made by the Chief Press Secretary in his official capacity as the spokesman of the government of Edo State and as such he could not be held liable for libel because statement made on privileged occasion are a defence to libel.
The Judge added that prior to the publication of the press release in issue in the consolidated suits in respect of the bomb scare incidence at the premises of Edo State House of Assembly and Edo State Broadcasting Services, there was serious security tension in the state.
She said that as such the publication was necessary in order to keep the public abreast of the security situation on ground in the state.
The court however entered judgment against Bendel Newspaper Company Limited for failure to defend the suit against it and awarded minimal cost against the company as the 3rd defendant.
Bendel Newspaper Company had sought to defend the suit before the judgment was delivered by filing all the necessary court papers, but the Judge refused the application to defend the suit because the company failed to enter appearance timely.
The State Solicitor-General, Wole Iyamu Esq. said Bendel Newspaper has already filed a notice of appeal and stay of execution against the said judgment.
The Court awarded N50, 000 costs against Chief Tony Anenih in favour of the Chief press Secretary and Edo Broadcasting Service.
Chief Press Secretary to the Governor was represented by Stanley Omeike Imhanruor Esq. of Femi Falana (SAN) Chambers while Edo Broadcasting Service was represented by O.A Otamere, Esq. Chief Tony Anenih was represented by Chief Alfred Eghobamien (SAN).
Tina Okunmwendia liked this on Facebook.