By Sunday Aikulola
Justice E.O. Osinuga of the Abeokuta High Court has slammed N500 million damages against Oba Adetoye Alatishe, the Gbengande of Ososa, in Ijebuland, Ogun State, for libel against a foremost industrialist, Dr. Sulaiman Adegunwa.
Oba Alatishe was also ordered to apologise and publish a retraction in three national newspapers for the malicious petition against the claimant that was also published in the City People Magazine on January 15th and in the Obanta Newsday on August 7th, both in 2019.
Delivering judgment last Friday, Justice Osinuga stated that the defamatory petition and the publications were demeaning to the claimant’s highly earned reputation.
The judge equally awarded N500,000 as cost of litigation against the royal father as well as an order of perpetual injunction restraining him from maligning the reputation of the claimant, a renowned philanthropist and statesman.
The suit marked 4CJ/205/19 dated November 25, 2019, was filed by the claimant over what he considered as a defamatory petition letter that Oba Alatishe wrote against him to former Governor Ibikunle Amosun on January 7, 2019.
The monarch was equally alleged to have sent copies of this petition to the then Commissioner for Local Government and Chieftaincy Affairs, Commissioner for Urban and Physical Planning, the Commissioner for Police, and the Special Adviser to Gov. Amosun on Urban and Physical Planning, among others.
Oba Alatishe had in this letter alleged that “Alhaji Adegunwa at a gathering had promised to demolish the entire resuscitated and reconstructed Gbengande Market and turn same to a palace, while the present palace will be forcefully turned to a town hall through the office of the Special Adviser on Urban and Physical Planning.”
The monarch warned that “If this threat is not urgently checked and nipped in the bud, it is capable of leading to a monumental breach of peace, serious confrontation and total breakdown of law and order in the community.”
Considering the alleged falsehood in the petition, the claimant, through his counsel, requested an apology and a retraction in three national newspapers, but the traditional ruler reneged.
He, therefore, sued, claiming that the libelous publication had damaged his image as a notable industrialist and philanthropist of global repute. He prayed the court to hold that the words employed by the defendant in his January 7, 2019, letter and the subsequent publications in the City People Magazine, and the Obanta Newsday, constitute a libel.
He requested for N5 billion damages, and an order of perpetual injunction restraining the monarch from carrying out any disparaging publication against him, and a retraction.
In her judgement, Justice Osinuga affirmed that the defendant relied on hearsay to arrive at the content of the libelous publication.
“When the Kabiyesi was asked how he came about the information as contained in the letter, he said some people told him, yet Kabiyesi was not ready to disclose these people,” she stated.
The judge also held that it was wrong and unwise for the royal father to have refused to tender an apology knowing full well that he has no evidence to substantiate his allegations against the industrialist.
Justine Osinuga held that a defamatory case had been strongly established against the monarch and therefore ruled in favour of the claimant.