Kogi High Court sitting in Idah on Wednesday dismissed a libel suit filed by suspended Kogi chairman of the All Progressives Grand Alliance (APGA), Chief Ocholi Ameh, against the Guardian Newspaper, Punch and Vintage Press for lacking in merit.
NAN reports that the defendants, Mr Ben Nweke, APGA, Guardian Newspapers Ltd, Vintage Press Ltd and Punch Newspapers were alleged to have committed the offence sometime in November, 2015.
Ameh had averred that while preparing for the 2015 gubernatorial election, the 1stdefendant (Nweke), a card carrying member of the party and the other defendants had connived and made a libelous publications against him.
Justice Fola Ajayi, in judgment, held that it was clear from the findings that the claims of Ameh could not be substantiated as the alleged diversion of fund and anti-party activities upon which the publications were based had been proved to be right.
Ajayi further held that the claimant had stated under cross examination that on Oct. 26, 2015, the party gave him one million Naira to organise the launch of the campaign for the party’s gubernatorial candidate.
The judge held that the claimant admitted that the campaign did not hold and neither was the money refunded just as no explanation was given to show how the money was appropriated giving room for his suspension on Nov. 11, in line with the party’s constitution.
“I find without hesitation that the claimant has not proved that any offensive publication was made by the firdt and second defendants against him to other person(s) in circumstances as to constitute libel.
“It cannot be over emphasized that the isolated evidence of the claimant that the publication tarnished his good image and caused him to lose the respect and admiration of others is simply insufficient in law.
Ajayi held that in view of the clear findings, the defamatory imputations of diversions of fund and sundry anti-party activities alleged, were true.
“The principle of law is settled by a long line of decided cases that if the defendant proves that the main charge or gist of the libel is true, the claim of libel fails.
“The claimant need not justify the statement or comments which do not add to the sting of the charge. Accordingly, I find no merit in the claim and it is dismissed”, he said.
NAN reports that the publications, according to Ameh, had alleged that he was suspended from the party for anti-party activities, diversion of funds, absenteeism and other acts inimical to the survival of the party.
He said the publication therefore portrayed him as “a fraudulent, reckless and an irresponsible person” adding that all the allegations made against him in the publication were totally false.
The claimant stated that request by his solicitors for a retraction of the publication and an apology from the defendants was not heeded.