A Lagos State High has dismissed a suit filed by Mosunmola Abudu
against Oluyemisi Wada demanding the award of N200million for
alleged libelous publication.
In rejecting Abudu’s claim, Justice Oyekan Abdullahi held that
the plaintiff did prove her claims.
According to the judge, the failure of the plaintiff to call
witness whom she claimed read the said publication which she
alleged had lowered her in the estimation of right thinking people
was fatal to the case.
The court also held that the publication, which was based on the
work of the plaintiff’s foundation- Inspire Africa Foundation- was
not libelous.
Whereas, the plaintiff claimed that the said publication alleged
that she misappropriated funds raised at a concert to help street
children, the judge found as a fact that the article in question
did not make such a claim.
The judge held: “Where it is determined that the words
complained of do not constitute the tort of defamation, it becomes
unnecessary to consider any defences that may be available to the
defendant. There is therefore no needs to consider the issue of
damages.”
However, the judge advised both the plaintiff and the defendant
to bury the hatchet and resume their friendship.
The judge said: “The morality of this whole episode is that,
friends must avoid fight, rivalry and love should be the primary
essence on which friendship is based. This I found lacking between
the claimant and the defendant between themselves, in no distance
future, both will come together stronger than ever.
“The law might not favour the claimant today, it there is no
victor, no vanquish, as their friendship should continue without
any more rancour. This is my humble view and I hope the parties
will take advantage of it.”
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