Court orders lawyer to pay colleague N150 million for defamation

“When a man speaks carelessly, he must be ready for the consequences because words said cannot be taken back,” the judge said.

The High Court of the Federal Capital Territory has ordered a Port Harcourt-based lawyer, Azubuike Ihemeje, to pay N150 million to another lawyer, Chimezie Okpoko, for defamation.

Justice Kayode Agunloye gave the order while delivering judgment on suit number CV/1346/2022 instituted by Mr Okpoko against Mr Ihemeje.

The suit followed a series of Facebook posts by the defendant (Ihemeje), accusing the claimant (Okpoko) of defrauding Nigerians of millions of naira through some Ponzi schemes.

Following the posts, Mr Okpoko, an Abuja-based lawyer, instituted the suit and followed it up with a writ of summons filed on 25 April 2022 through his lawyers, asking for general damages of N100 million and N50 million in exemplary damages against the defendant, Mr Ihemeje.

The claimant also sought an order directing the defendant to retract the said libellous publications and tender an apology to him, which should be published in two national newspapers and also on the defendant’s Facebook page continuously for seven days.

Mr Okpoko also sought an order of perpetual injunction restraining Mr Ihemeje from publishing the defamatory articles by himself or through known associates, agents or servants.

The defendant, through his lawyer, Chigozie Umejiako, filed his statement of defence, which was served on the claimant, who filed a reply to it on 27 July 2022.

Hearing in the suit commenced on 4 October 2022, with the claimant taking the stand as a witness, during which he expounded on the evidence provided.

On 31 April 2023, the claimant, through his lawyer, C. I. Okpoko, SAN, adopted his final written addresses, during which he submitted two issues for determination: “Whether the client has made out a case of defamation/libel against the defendant on the preponderance of the evidence adduced in the case and whether the defendant has made out a defence of justification, fair comment or qualified privilege raised.”

Judgment

Delivering his judgment, Justice Agunloye agreed with Mr Okpoko that there was indeed a clear case of defamation of the claimant by the defendant.

The judge further agreed with the claimant that the defendant failed to provide any evidence proving his accusation that the claimant was involved in defrauding the public through Ponzi schemes.

He expressed disappointment that the defendant, being a lawyer, should know better than to make such weighty accusations without any facts to back them up.

Justice Agunloye noted that the defendant should have reported the claimant to appropriate authorities “instead of going out with a trumpet like a town crier to announce to the Facebook world that the claimant is a criminal. Yet he has not been able to substantiate these statements.”

He said, “The defendant’s statements appear to be that of a dog barking without reason. No legal justification whatsoever.

“The facts of the case are very interesting and peculiar because of the calibre of persons involved. One would expect better from the defendant as a minister in the temple of justice.

“When a man speaks carelessly, he must be ready for the consequences because words said cannot be taken back. Even the holy book admonishes us to bridle our tongue. Maybe in the instant case, bridle our hands,” he said.

The judge said the defendant failed to prove justification and could not rely on the same and must, therefore, “face the music”.

“Consequently, judgment is hereby ordered in favour of the claimant on the following terms:

“The defendant shall pay the claimant N100 million only as general damages for libellous publication.

“The defendant shall pay N50 million only being exemplary damages for libel,” the judge said.

The court also ordered the defendant to retract the libellous publications and issue a formal apology to the claimant, which will be published in two national newspapers and on the defendant’s Facebook page continuously for seven days.

The court also issued an order of perpetual injunction restraining Mr Ihemeje from publishing further defamatory articles against Mr Okpoko either by himself or through known associates, agents or servants.