Umudjoro

The court concluded, therefore, by stating thus:
‘‘I do not entertain any doubt at all that the press has a duty to inform the citizenry on matters of public interest, once such is about the conduct of a public official, once such a report is factual and not undertaken devoid of any regard for truth, no liability will arise.’’ He relied on the authority of NNN – against Adebakun. Finally, he stated that he found “no evidence of malice in this report of the proceedings that took place before P.I. Engere Esq, Chief Magistrate as she then was. Consequently, I dismissed this suit.”

Dr B.A.N Nwakoby filed three grounds of appeal challenging the judgement. He alleged that absence of the appellant at the magistrate court meant that he was not charged. The story was, according to him, not accurate.

However, the court of Appeal agreed with the decision of the lower court presided over by C.C. Nweze that the report was done without malice. That Nwakoby was not able to show malice at the lower court and that malice, when proved, is the only ground that can destroy the defense of qualified privilege relied on by TheNEWS at the lower court.

The Court of Appeal therefore dismissed the appeal for lack of merit.