Justice Zubairu awarded additional N15 million to Nasiru Danu as aggravated and exemplary damages.
The Federal Capital Territory (FCT) High Court, Abuja, has ruled in favour of a businessman and chieftain of the All Progressives Congress (APC), Nasiru Danu, in his defamation suit against Sahara Reporters.
In the certified true copy of the judgement made available to PREMIUM TIMES, the presiding judge, Justice Mohammed Zubairu, awarded N20 million as damages against Sahara Reporters for articles published on its website on 5 and 9 March 2021 respectively.
Justice Zubairu also awarded an additional N15 million against Sahara Reporters as aggravated and exemplary damages.
Furthermore, the Judge ordered Sahara Reporters to retract the publication and publish an unreserved apology on its website to Mr Danu.
"It is to be noted that the failure or refusal of the Defendant to justify this publication against the Claimant and also its further failure to retract or take down the publication has further proved the malicious intent of that publication.
"Consequently, the sole issue for determination is accordingly resolved in the affirmative. I am convinced beyond any doubt that the Claimant has satisfied the requirements of the law in proving his claim. against the Defendant.
"I have carefully looked at the totality of the Claimant's pleadings, evidence and submissions of Counsel in support of the Claimant's claim and I am of the firm view that the Claimant has complied with all the elements required in proof of the tort of defamation not just because the Defendant decided to stand aloof throughout the span of this suit but because the Claimant has led credible evidence to establish that.
"There was a publication; ii) the publication was authored by the Defendant; iii) the publication refers to the Claimant; iv) the publication contains disparaging assertions against the Claimant; v) the publication is false and; vi) the publication was communicated to a third party via the internet (which qualifies as communication to the whole world), " the judgement read.
Nasiru Danu's defamation suit
In an article published on 5 March, 2021, Sahara Reporters reported that Mr Danu and some top officials of the Nigeria Customs Service (NCS) defrauded the Nigerian government of N51 billion meant for the improvement of the NCS.
Mr Danu was also described as an "arrowhead in what is now known in some quarters as President Muhammadu Buhari's oil mafia group."
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In another article published on 9 March of the same year, Sahara Reporters claimed the APC Chieftain had fled the country for Dubai, the United Arab Emirates, to "avoid being investigated."
Following the publications, Mr Danu, in a letter to Sahara Reporters by his lawyer, Bode Olanipekun of Wole Olanipekun & Co., denied all allegations leveled against him in the reports.
He also demanded the retraction of the publication from Sahara Reporters' official website and Twitter account.
On February 18, 2022, Mr Danu filed a N6 Billion defamation suit against Sahara Reporters as damages for the publication and circulation of libel contained in articles written and published by the news medium.
Publisher of Sahara Reporters, Omoyele Sowore Reacts
In a Whats app chat with this reporter, the publisher of Sahara Reporters, Omoyele Sowore, said his publication was not notified of the lawsuit and therefore did not defend itself.
The lawyer to Sahara Reporters, Inibehe Effiong, corroborated Mr Sowore, saying, "I am not aware of any such case neither am I aware of the judgement given in respect of such a case. Sahara reporters is also not aware of it. If someone is filing an action against an organisation or a company or individual, the defendant ought to be give notice."
Responding to the court's statement that Sahara Reporters was served through substituted means, Mr Effiong said whatever method was adopted did not bring the case to Sahara Reporter's notice.
"The law is that even if you are serving by substituted means, the mode of service must be one that is capable of bringing that suit to the notice of the defendant," he said.
DOWNLOAD THE FULL JUDGEMENT HERE: JUDGMENT IN NASIRU DANU V. SAHARA REPORTERS INC.
