The Court of Appeal in Abuja has reserved judgment in an appeal filed by the News Agency of Nigeria (NAN) and Ismaila Chafe, its reporter, against a ₦100 million defamation ruling awarded in favour of Emmanuel Omale, founder and General Overseer of Divine Hand of God Prophetic Ministry International, Abuja.
Omale had sued NAN and Chafe over a publication titled, “How Magu Used Pastor To Launder Looted Funds Abroad,” published on the news agency’s website on July 11, 2020.
He described the report as false, defamatory and injurious to his reputation.
In a judgment delivered on December 8, 2022, Yusuf Halilu, a judge of the Federal Capital Territory High Court in Abuja, held that the publication was defamatory in its entirety and ordered NAN to pay Omale ₦100 million in damages.
Dissatisfied with the judgment, NAN and Chafe filed an appeal marked CA/ABJ/CV/535/23, asking the Court of Appeal to set aside the lower court’s ruling and the damages awarded.
At the resumed hearing on Thursday, NAN and Chafe, through their lawyer, T.D. Agbe, adopted their brief of argument and urged the court to allow the appeal.
Omale, through his lawyer, Okafor Kanayo, urged the court to dismiss the appeal and uphold the ₦100 million damages awarded by the lower court.
The appeal was heard by a three-member panel comprising Justices Bilikisu Aliyu, Banjoko and Okon Abang of the Court of Appeal.
After the parties adopted their written addresses, the panel reserved judgment, saying the date would be communicated to them.
Omale had asked the FCT High Court to order NAN to publish a public apology and a full retraction of the report in three national newspapers.
He also sought an injunction restraining NAN from further publishing the allegedly defamatory statements.
During the trial, Omale called two witnesses, Phrank Shuaibu and Onuh Simeon Peter, and tendered documents in support of his case.
The witnesses were examined by Omale’s lawyer and cross-examined by counsel to NAN on November 17, 2021.
Chafe later testified on behalf of NAN during the defence of the suit.
According to the court proceedings, Chafe admitted publishing the report on NAN’s website on July 11, 2020.
During cross-examination, Chafe was unable to produce the report he said he had relied on as the source of the publication.
Chafe also admitted that he did not contact Omale to obtain his side of the story before publishing the report.
.. “Reporter Could Not Produce Report Relied On As Source” — Court Of Appeal Reserves Judgment In NAN’s ₦100m Defamation Appeal In Favour Of Omale … NewsNGR.
