CASE DIGEST - TORT: DEFAMATION; ACTION FOR DEFAMATION; IS IT REQUIRED FOR A PLAINTIFF TO PROVE THAT A DEFAMATORY STATEMENT IS FALSE?

DR. JEREMIAH O. ABALAKA v. PROF. IBIRONKE AKINSETE & ORS.

SUPREME COURT OF NIGERIA
(KEKERE-EKUN; GARBA; OGUNWUMIJU; SAULAWA; JAURO, JJ.SC)

Dr Jeremiah O. Abalaka's (the Appellant) contention was that he had found a cure for HIV/AIDS and that his discovery and person had been defamed by Prof. Ibironke Akinsete, Dr. Tim Menakaya, and Auwalu Mohammed Farouk (the 1st, 2nd, & 3rd Respondents respectively) by their utterances in a TV Press Conference and the report of some print media of the event subsequent to which he claimed jointly and severally against the respondents:

(a) The sum of N500 Million Naira as damages for libel and slander. 

(b) Perpetual injunction restraining the defendants, their servants or privies howsoever defined from further publishing such defamatory information of and concerning the plaintiff and his vaccines.

(c) An apology from the defendants. At the trial court, the Appellant testified and called four witnesses. The 2nd and 3rd Respondents never filed any statement of defence and none of the respondents testified or called any witness. Upon conclusion of trial, the trial court delivered its judgment against the Appellant.