“Hearsay, Unverified Claims” — Court Orders Peoples Gazette To Pay ₦100m To Retired Judge Over Dubai Apartment Allegation While In Office

The High Court of Lagos State, sitting in the Yaba/Surulere Judicial Division, has awarded N100 million in general damages against Peoples Gazette Limited for a defamatory publication targeting a former judge of the state judiciary.

The court, presided over by Justice E. O. Ashade, arrived at the decision while passing judgment in a suit designated LD/ADR/3649/2021 filed by retired Justice Adedayo A. Akintoye against the media organisation.

Justice Akintoye had dragged The Peoples Gazette to court over a February 22, 2021, publication that alleged she owned a multi-million-dollar apartment in the Burj Khalifa in Dubai while serving as a judicial officer.

She argued that the report falsely portrayed her as corrupt, dishonest, and living beyond her legitimate income, thereby causing significant reputational damage.

At trial, the claimant testified and called two additional witnesses who supported her position that the publication was false and injurious.

In response, the defendant presented one witness and attempted to justify the report on grounds of public interest, qualified privilege, and fair comment.

However, the court rejected substantial portions of the defence, holding that key evidence relied upon by the defendant amounted to hearsay.

The court also found that some electronically generated documents tendered failed to meet the requirements of Section 84 of the Evidence Act.

Justice Ashade held that the defendant failed to properly verify the allegations before publication and instead relied on unconfirmed sources.

The court ruled that, in its ordinary meaning, the publication portrayed the claimant as corrupt and unlawfully enriched, thereby constituting defamation.

While acknowledging that freedom of expression is guaranteed under Section 39 of the Constitution, the court emphasised that such a right is not absolute and must be balanced against an individual’s right to reputation.

The court further dismissed the defences of justification, qualified privilege, and fair comment, citing lack of proof and the reckless nature of the publication.

Although the claimant sought aggravated damages, the court declined the request, holding that awarding both general and aggravated damages would amount to double compensation.

Consequently, judgment was entered in favour of the claimant, with N100 million awarded as general damages and an additional N25 million granted as costs of the action.

The court also ordered Peoples Gazette to publish a retraction and apology, remove the offending article from its website, and refrain from further publishing defamatory content about the claimant.