- The Defendant is the proprietor and publisher of a popular newspaper called Daily Sun which enjoys wide circulation and readership in Nigeria and abroad.
- The Claimant avers that he has lectured in Metropolitan State College, Denver, University of Colorado and University of Denver in United States of America.
- The Claimant avers that far back in 1991, he was the first winner of the Gordon N. Fisher Fellowship for Journalist in the Commonwealth by the Southam Foundation based in Toronto, United States of America.
The Claimant avers further that he has also won the Alfred Friendly Press Fellowship in United States during which he was a recipient of the Scripps Howards Prize for deadline reporting with the Rocky Mountain News in Denver.
The Claimant in addition avers that he is a winner of the Scribes in Excellence Prize for feature writing for the Association of Black Journalists in the United States.
The Claimant avers that he is a four-time winner of the Nigeria Merit Award, once in the reporter category and three times as a columnist of the year.
The Claimant avers that he also won the informed category of Diamond Award for Media Excellence three times.
The Claimant avers that he is a member of the Governing Council, Lagos State University, Ojo and also an Honorary Fellow, Nigeria Academy of Letters, Lagos.
The Claimant further avers that as a result of his exceptional career, he has received several awards and commendations from organisations across the nation and beyond and he is recognized as a leading light on Nigeria’s fight against corruption.
LIBEL AGAINST THE CLAIMANT 12. The Claimant further avers that in its Daily Sun Newspaper of Tuesday, 13th October, 2015, the Defendant falsely and maliciously caused to be printed and published the following words of and concerning the Claimant:“CALL OMATSEYE TO ORDER, KALU TELLS TINUBU”¦.SAYS THE NATION EMBARRASSMENT TO JOURNALISM”
- The Claimant further avers that at page 7 of Daily Sun Newspaper of Tuesday, 13th October, 2015, the Defendant falsely and maliciously caused to be printed and published the following words of and concerning the Claimant as an elaboration of the above stated headline:
- The Claimant hereby pleads and shall rely on a copy of the Daily Sun Newspaper containing the libellous materials at the trial of this suit.
- The Claimant avers that the libellous publication by the Defendant was widely circulated and read by millions of people in the world and particularly in Nigeria where the Claimant has several associates, friends, family and professional colleagues.
- The Claimant avers that by reason of the publication of the words set out in paragraph 13 above and their import set out in paragraph 14, the Claimant has been seriously injured in his character, credit, reputation and integrity and has been brought to public scandal, odium and contempt and has suffered damages.
- The Claimant avers that the libellous materials as shown in “the Daily Sun” was published in the ordinary course of business and accordingly offered for sale to the public.
- The Daily Sun newspaper circulates in Lagos which is within the jurisdiction of this Honourable Court and around the entirety of the Federal Republic of Nigeria and beyond.
- The Claimant avers that the Defendant has an online platform that enables readers’ access their publications anywhere in the whole world.
- The Claimant shall contend at the trial that the action of the Defendant was motivated by malice and with intent to undermine and malign the goodwill and popularity enjoyed by the Claimant.
- The Claimant avers that the Defendant knows that the libellous publications are untrue, unfounded and cannot be substantiated.
- The Claimant further avers that immediately after the publication was released, he received numerous telephone calls from professional colleagues, international associates, multinational organisations, relations, friends and religious leaders expressing their utmost disgust and contempt at the Claimant’s alleged disgraceful, unpatriotic and sacrilegious conducts and questioned the integrity of the Claimant.
- The Claimant avers that the spurious allegations made by the Defendant are untrue and actuated by malice with intent to malign and undermine the Claimant’s reputation.
- The Claimant shall rely on the following facts in support of his claim for damages including exemplary damages.
- AN ORDER for the sum of N1,000,000,000.00 (One Billion Naira) only being damages for the words published of and concerning the Claimant which are libellous by direct reference and innuendo contained at page 5 of the New Telegraph of 13th October, 2015 titled ”˜CALL OMATSEYE TO ORDER, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’.
- AN ORDER of the Honourable Court for a retraction and an unreserved apology by the Defendant for the words published of and concerning the Claimant which are libellous and contained at page 7 of the Daily Sun of 13th October, 2015 titled ”˜CALL OMATSEYE TO OREDR, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’
- AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by itself, its agents, privies or servants from further publishing or causing to be published any libellous, injurious or defamatory words against the Claimant.
- FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable court may deem fit to make in the circumstances of this case. Dated 22nd day of October, 2015.
- AN ORDER for the sum of N1,000,000,000.00 (One Billion Naira) only being damages for the words published of and concerning the Claimant which are libelous by direct reference and innuendo contained at page 5 of the New Telegraph of 13th October, 2015 titled ”˜CALL OMATSEYE TO ORDER, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’.
- AN ORDER of the Honourable Court for a retraction and an unreserved apology by the Defendant for the words published of and concerning the Claimant which are libelous and contained at page 7 of the Daily Sun of 13th October, 2015 titled ”˜CALL OMATSEYE TO OREDR, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’
- AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by itself, its agents, privies or servants from further publishing or causing to be published any libelous, injurious or defamatory words against the Claimant.
- FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable court may deem fit to make in the circumstances of this case.
- The Defendant is the proprietor and publisher of a popular newspaper called Daily Sun which enjoys wide circulation and readership in Nigeria and abroad.
- The Claimant avers that he has lectured in Metropolitan State College, Denver, University of Colorado and University of Denver in United States of America.
- The Claimant avers that far back in 1991, he was the first winner of the Gordon N. Fisher Fellowship for Journalist in the Commonwealth by the Southam Foundation based in Toronto, United States of America.
- The Claimant avers further that he has also won the Alfred Friendly Press Fellowship in United States during which he was a recipient of the Scripps Howards Prize for deadline reporting with the Rocky Mountain News in Denver.
- The Claimant in addition avers that he is a winner of the Scribes in Excellence Prize for feature writing for the Association of Black Journalists in the United States.
- The Claimant avers that he is a four-time winner of the Nigeria Merit Award, once in the reporter category and three times as a columnist of the year.
- The Claimant avers that he also won the informed category of Diamond Award for Media Excellence three times.
- The Claimant avers that he is a member of the Governing Council, Lagos State University, Ojo and also an Honorary Fellow, Nigeria Academy of Letters, Lagos.
- The Claimant further avers that as a result of his exceptional career, he has received several awards and commendations from organisations across the nation and beyond and he is recognized as a leading light on Nigeria’s fight against corruption.
- The Claimant further avers that at page 7 of Daily Sun Newspaper of Tuesday, 13th October, 2015, the Defendant falsely and maliciously caused to be printed and published the following words of and concerning the Claimant as an elaboration of the above stated headline:
- The Claimant hereby pleads and shall rely on a copy of the Daily Sun Newspaper containing the libellous materials at the trial of this suit.
- The Claimant avers that the libellous publication by the Defendant was widely circulated and read by millions of people in the world and particularly in Nigeria where the Claimant has several associates, friends, family and professional colleagues.
- The Claimant avers that by reason of the publication of the words set out in paragraph 13 above and their import set out in paragraph 14, the Claimant has been seriously injured in his character, credit, reputation and integrity and has been brought to public scandal, odium and contempt and has suffered damages.
- The Claimant avers that the libellous materials as shown in “the Daily Sun” was published in the ordinary course of business and accordingly offered for sale to the public.
- The Daily Sun newspaper circulates in Lagos which is within the jurisdiction of this Honourable Court and around the entirety of the Federal Republic of Nigeria and beyond.
- The Claimant avers that the Defendant has an online platform that enables readers’ access their publications anywhere in the whole world.
- The Claimant shall contend at the trial that the action of the Defendant was motivated by malice and with intent to undermine and malign the goodwill and popularity enjoyed by the Claimant.
- The Claimant avers that the Defendant knows that the libellous publications are untrue, unfounded and cannot be substantiated.
- The Claimant further avers that immediately after the publication was released, he received numerous telephone calls from professional colleagues, international associates, multinational organisations, relations, friends and religious leaders expressing their utmost disgust and contempt at the Claimant’s alleged disgraceful, unpatriotic and sacrilegious conducts and questioned the integrity of the Claimant.
- The Claimant avers that the spurious allegations made by the Defendant are untrue and actuated by malice with intent to malign and undermine the Claimant’s reputation.
- The Claimant shall rely on the following facts in support of his claim for damages including exemplary damages.
- AN ORDER for the sum of N1,000,000,000.00 (One Billion Naira) only being damages for the words published of and concerning the Claimant which are libellous by direct reference and innuendo contained at page 5 of the New Telegraph of 13th October, 2015 titled ”˜CALL OMATSEYE TO ORDER, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’.
- AN ORDER of the Honourable Court for a retraction and an unreserved apology by the Defendant for the words published of and concerning the Claimant which are libellous and contained at page 7 of the Daily Sun of 13th October, 2015 titled ”˜CALL OMATSEYE TO OREDR, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’
- AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by itself, its agents, privies or servants from further publishing or causing to be published any libellous, injurious or defamatory words against the Claimant.
- FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable court may deem fit to make in the circumstances of this case. Dated 22nd day of October, 2015.
- AN ORDER for the sum of N1,000,000,000.00 (One Billion Naira) only being damages for the words published of and concerning the Claimant which are libelous by direct reference and innuendo contained at page 5 of the New Telegraph of 13th October, 2015 titled ”˜CALL OMATSEYE TO ORDER, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’.
- AN ORDER of the Honourable Court for a retraction and an unreserved apology by the Defendant for the words published of and concerning the Claimant which are libelous and contained at page 7 of the Daily Sun of 13th October, 2015 titled ”˜CALL OMATSEYE TO OREDR, KALU TELLS TINUBU”¦SAYS THE NATION MAN EMBARRASSMENT TO JOURNALISM’
- AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by itself, its agents, privies or servants from further publishing or causing to be published any libelous, injurious or defamatory words against the Claimant.
- FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable court may deem fit to make in the circumstances of this case.
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