By; JACOB ONJEWU DICKSON
A High Court of the Federal Capital Territory (FCT) has awarded the sum of N100 million againts the News Agency of Nigeria (NAN) for publishing libelous news story againts Prophet Emmanuel Omale of the Divine Hand of God Prophetic Ministries International Abuja.
Delivering judgment on Tuesday, Hon Yusuf Halilu awarded the sum of N50 million general damages to the claimant and another N50 million as aggravated damages totaling N100 million.
Justice Halilu also gave an order compelling NAN to publish public apology to Prophet Omale in three national newspapers with online visibility.
He further ordered that such libelous publication should never be made against the claimant again by NAN.
Prophet Omale had on July 27, 2020, through his counsel, Chief Goddy Uche SAN, instituted an action againts NAN seeking N1 billion as aggravated and general damages.
The News Agency of Nigeria had on July 11, 2020, published the libelous story on its website in which it alleged falsely that Prophet Omale has laundered the sum of N500 million abroad for former chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
In his suit, Prophet Omale had sought among other things, an order compelling NAN to publish public apology in three national newspapers and on the internet
He averred in his witness statement on oath, that the publication had injured his public and private life as a pastor and evangelist.
He said the story was also carried and published by many media outfits from the NAN website and aired by Nigerian Television Authority ( NTA) and all cited NAN as their source of news and information.
The court held thag NAN knew that the story was false and malicious, and yet proceeded to publish the even though they didn’t receive any report indicting Prophet Omale by the Nigerian Financial Intelligence Unit (NFIU)
The court noted that counsel to the claimant, Goddy Uche, SAN wrote a letter to NAN on 13th July 2020, demanding a retraction within seven days, but NAN refused to do so.
Justice Halilu argued that the defense of justification and qualified privilege pleaded by NAN has not been established because such a publication must be true.
“I hold that the defendants with respect to all their defence of qualified privilege and justification have failed to justify the publication against the claimant and this cannot succeed on the plea of justification.”
He also noted that NAN didn’t withdraw the publication or apologise to assuage the claimant thus throwing caution to the wind.
The said that privilege does not mean you publish anything even if you have the privilege, saying, “as professionals they failed to adhere to the principles of Audi alteram Partem or hearing from the other side.
“They have failed in their duty not just to the claimant, but to their readers and the nation at large.”
Thus, the court said their failure to apologise and retract the said libelous publication, imputed malice againts the claimant.
In another case instituted by Prophet Omale againts First City Monument Bank, Hon Justice Halilu had awarded the Prophet the sum of N540 million in damages and compensation in a judgement he delivered on October 4, 2022.
