The book Defamation Laws, Practice and Procedure was written due to a dearth in legal books written by Nigerian authors on the subject. The author worked on the case of Professor Emmanuel Akande Tugbiyele v. Nitel a libel case for twelve years and had to rely on books written by foreign authors. The experience challenged him to write this book.
The success of the first edition of this book makes it necessary to write the second edition with updates of recent decisions of the law courts.
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TABLE OF CONTENT
CHAPTER 1
DEFAMATION
1.01 Introduction
1.02 Meaning of Reputation
1.03 Meaning of Defamation
1.04 What is defamatory?
1.05 Instances of defamatory words
1.06 Defamatory Words – Test
1.07 Whether the words complained of are capable of having a defamatory meaning
1.08 Ingredients of defamation
1.09 Constituent of cause of action and accrual of cause of action in defamation cases
1.10 Libellous words – When and how actionable
1.11 Vulgar words in written form
1.12 Jest and Vulgar abuse
1.13 Proof of identity of the person libelled
1.14 Law of defamation and special relationships
1.15 Law of defamation and the banker /customer relationship
1.16 Law of Defamation and the Master/Servant, Employer/Employee relationship
1.17 Law of defamation in Principal/Agent relationship
1.18 Innuendo
1.19 Particulars to be pleaded and proved
1.20 Criminal libel
1.21 Publishing defamation with intent to extort
CHAPTER 2
LIBEL AND SLANDER
2.01 Meaning of Libel
2.02 Slander
2.03 Distinction between slander and libel
2.04 Circumstances where civil action can be maintained for libel or slander
2.05 Sound Broadcasting – Whether Libel or Slander
2.06 Whether publication of defamatory material by reading same to audience constitutes libel
2.07 Publication by television and on the Internet
2.08 Imputation of Criminal Offence
2.09 Imputation of Disease
2.10 Imputing unchastity to a woman
2.11 Words calculated to disparage the party defamed in any office, profession, calling, trade or business
2.12 Slander causing special damages
2.13 Slander of title and of goods and other malicious falsehood
2.14 Distinction between slander of title and libel
2.15 Action for slander of title
2.16 Evidence of Malice
2.17 Categories of malice in relation to libel
2.18 Proof of Special Damages dispensed with under the provisions of the Defamation law
2.19 Slander of goods
2.20 Limitation of Action on Slander
CHAPTER 3
PUBLICATION
3.01 Meaning of Publication
3.02 Significance of Publication in Defamation Cases
3.03 Proof of publication
3.04 Publication in cartoons
3.05 Publication of defamatory matter in a book or newspaper
3.06 Distribution of a book containing defamatory matter published by a third party – liability
3.07 Erroneous publication of debtor’s name after discharge of debt
3.08 Erroneous publication of sale of property
3.09 Publication by letter
3.10 Husband and wife
3.11 Republication and Repetition of Libel
CHAPTER 4
DEFENCES
STATUTORY DEFENCES
4.01 Unintentional Defamation
4.02 Fair and Accurate Report
4.03 Justification
4.04 Fair Comment
4.05 Absolute Privilege
4.06 Qualified Privilege
4.07 Whether defence of qualified privilege absolute
4.08 Statutory Defences available to Broadcasting Houses
4.09 Offer of Amends
4.10 Defences Under common law
4.11 Accord and Satisfaction
4.12 Fair Comment
4.13 Fair Comment on a matter of public interest
4.14 Defence of fair comments and other defences to libel
4.15 The defence of fair comment and justification
4.16 Defence of fair comment and qualified privilege
4.17 Defence of fair and accurate report
4.18 Rolled up plea of fair comment and justification
4.19 Rolled up plea of fair comment and qualified privilege
4.20 Need for plaintiff to file a reply when defence of fair comment is raised
4.21 Privilege
4.22 Absolute Privilege
4.23 Communication between a solicitor and his client
4.24 Privilege of judges
4.25 Privilege of witness
4.26 Privilege of Advocates
4.27 Privilege of Parties
4.28 Qualified Privilege
4.29 Definition of Qualified Privilege
4.30 Instances of Qualified Privilege
4.31 Qualified Privilege distinguished from absolute privilege
4.32 Requirement of Successful plea of qualified privilege
4.33 Defence of Qualified Privilege is defeated by evidence of malice
4.34 The Defence of Qualified Privilege and Pleadings
4.35 Justification
4.36 Libellous heading in a Newspaper
4.37 Distinction between the defence of fair comment and justification
4.38 Burden on Defendant in pleading Defences in an action in libel
4.39 Malice
4.40 Distinction between technical malice and actual malice
4.41 Evidence of Malice
4.42 Need for plaintiff to file a reply where defendant’s defence is a plea of fair comment or qualified privilege
CHAPTER 5
ACTION FOR DEFAMATION
5.01 Pre-action Considerations
5.02 Parties to an action for Defamation
5.03 Commencement of Court action by the plaintiff
5.04 Venue for instituting an action for Defamation
5.05 Endorsement of writ
5.06 Statement of claim-Contents of the statement of claim
5.07 Need for further and better particulars
5.08 Whether a report made to the police can ground an action in libel
5.09 Privileged communication in relation to cases of employment references
5.10 Defamatory materials in foreign language
5.11 Whether a plaintiff needs to be “stainless” to successfully maintain an action in Defamation?
5.12 The Defence
5.13 Plea of justification
5.14 Plea of privilege
5.15 Plea of fair Comment
5.16 The rolled-up Plea 171
5.17 Defence under section 2 of Lord Campbell’s Libel Act 1843
5.18 Defence of Unintentional Defamation
5.19 Other pleas
5.20 Payment into Court
5.21 File Motion in Mitigation of Damages
5.22 The defendant may file a counterclaim
5.23 Offer of apology in mitigation of damages
5.24 Plaintiff’s considerations after the statement of Defence is served on him
CHAPTER 6
EVIDENCE IN ACTION FOR DEFAMATION
6.01 Evidence of the plaintiff in an action for defamation
6.02 Proof of Introductory averment
6.03 Proof of Publication
6.04 Evidence identifying the plaintiff with the defamatory statement must be obtained
6.05 Averment of the meaning of the defamatory words
6.06 Allegation of special damages when essential or pleaded
6.07 Incidence of Aggravated damages
6.08 Evidence of a plaintiff’s good character
6.09 Evidence in rebuttal of justification and fair comment
6.10 Evidence of malice
6.11 Evidence for the defendant in an action for defamation
6.12 Submissions of no case
6.13 Evidence negating publication and the innuendos
6.14 Proof of Justification
6.15 Proof of fair Comment
6.16 Proof of privilege
6.17 Evidence in Mitigation of Damages
6.18 Admissibility of Libelous documents
CHAPTER 7
DAMAGES
7.01 Definition of Damages
7.02 Proof of Damages
7.03 Assessment of Damages in action for Libel
7.04 Assessment of Damages on Appeal
7.05 Considerations for award of damages – Depreciation of the value of local currency
7.06 Award of general damages
7.07 Damages for mental suffering and illness
7.08 Compensatory nature of award of damages
7.09 Award of damages for libel is subjective
7.10 Assessment of Damages. Action for slander not actionable per se
7.11 Measure of Damages
7.12 Aggravated Damages
7.13 Exemplary or punitive damages
7.14 Actual damage
7.15 Special Damage
7.16 Mitigation of Damages
7.17 Injunction
APPENDICES