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DEFAMATION:
COURT DISMISSES SUIT, AWARDS N.3M COST
AGAINST PLAINTIFF.
By
Ayuba Jacob
29th
March, 2018
Hon. Justice A. I. Ashom of the Plateau State
High Court last week dismissed a suit filed by Dr. Michael owokoicho Odeh
agains Mr. Maduabuchi Orji.
Odeh had dragged Orji to court alleging defamation
of character. The crux of his claim against the defendant as stated in the
statement of claim is that the defendant and his wife have retainer ship with
the plaintiff’s hospital for themselves, their wards, children and staff of
their business. Dr. Odeh said that sometimes in August 2016, he received a
petition from the Medical and Dental Council of Nigeria entitled, “RE-AFFIDAVIT
OF COMPLAINT OF MADUACHI ORJI AGAINST DR. MICHAEL ODEH OWICHO ON THE SEDUCTION
OF HIS WIFE MRS SHARON STELLA IFEOMA ORJI BY THE SAID DR. MICHAEL ODEH OWICHO”.
The plaintiff said that the complaint was
false and injurious to him and understood to mean that he is an unreliable
person and a doctor who seduces and has improper relationship with his female
patients and is unworthy of being a medical doctor as he cannot be trusted with
his patient.
He also said that by the defendant’s complaint
and depositions, many of his patients by their reaction have demonstrated that
they havelost confidence in him as a result of the defendant’s affidavit to the
Medical and Dental Council.
Consequently, the plaintiff claimed against
the defendant jointly and severally for the following: the sum of five million
naira on the footing of exemplary and aggravated damages for libel and injurious
falsehood resulting from false and malicious affidavit of complaint by the
defendant to the Medical and Dental Council of Nigeria;
An order directing the defendant to retract
the entire libelous affidavit and an apology sent to the plaintiff, and an
order of perpetual injunction restraining the defendant by himself and his
agents, privies or otherwise howsoever described from further writing,
publishing and / or disseminating any scandalous publication or material
calculated or that tends to defame the plaintiff in any manner whatsoever.
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In his statement of defence, Orji, through
his counsel H. N. Ugwuala averred in denial of most of the issues raised in the
plaintiff’s statement of claim and further stated that the plaintiff worked at
Samanthar Lucil Hospital situate at Ighoukwn Street Jos and while there,
occasionally attended to the defendant’s wife and children each time they
presented ailments for treatment, and this was between 2010 and 2014. And that
it was at Samathar Lucil Hospital that the plaintiff, unknown to the defendant
and in gross abuse of the doctor-patient relationship between them developed an
amorous relationship with the defendant’s wife. The Defendant admitted
paragraph 8 and 9 of the statement of claim and maintained that the depositions
of fact he made in his affidavit of complaint to the Medical and Dental
Practitioners Investigation Panel are true. Answering paragraph 10 of the
statement of claim, the defendant stated that the report he made to the police
leading to the arrest of the plaintiff are true and not frivolous. That the
plaintiff and the defendant’s wife in their various statements to the police
admitted that the plaintiff not only runs errands for the defendant’s wife and
attend social gatherings together, but that the plaintiff even spend weekends
in the defendant’s house. In answer to paragraph 11 of the statement of claim,
the defendant avers that the allegations made in his affidavit of complaint are
true and made only to the Medical and Dental Practitioners Investigation Panel
as a step in the commencement of disciplinary proceedings against the plaintiff
for misbehavior in his capacity as a Medical Doctor in line with the provision
of the Medical and Dental Practitioners Act, Cap M8 LFN 2004. Answering
paragraph 14 of the statement of claim, the defendant stated that after going
through the plaintiff’s counter affidavit to the Medical and Dental
Practitioners Investigation Panel and discovered that deposition therein were
untrue the defendant on the 21/12/2016 deposed to a Further and Better
Affidavit which was delivered to the Panel on the 3rd January 2017.
Regarding the plaintiff’s claim, the defendant stated that the words complained
to by the plaintiff in the defendant’s affidavit to the Medical and Dental
Practitioners Investigation Panel was furnished on an occasion of absolute
privilege hence no action can lie for any alleged defamatory statement
contained in the affidavit.
During cross examination, the plaintiff made
far reaching admissions to include sleeping in the defendant’s house with his
wife, in the absence of the defendant. He also admitted attending a party twice
with the defendant’s wife. Also admitted is the fact that he had deposited
money into the account of the defendant’s wife, and she also had made deposits
of money into his account. That she paid N40,000,000.00 in four different
installments of N10 million each all in one day but the transactions were later
reversed.
In his judgment, Justice Ashom observed that
there is no doubt the fact that the plaintiff initiated the suit purely based
on the complaint of the defendant made by way of an affidavit to the Medical
and Dental Council of Nigeria, the plaintiff himself being a member of the
Medical Profession for which the council regulates. The judge said that the
plaintiff’s contention is that the facts deposed to in that affidavit of
complaint are untrue and defamatory and or libelous to his character and
person. He however said that a glance at the evidence of the plaintiff under
cross-examination shows that it’s a total destruction of the plaintiff’s
evidence in chief and a firm establishment of the very affidavit the defendant
deposed to the organization regulating the plaintiff’s Medical profession. According
to Justice Ashom, the plaintiff obviously on seeing that the veil covering his
mess has been removed by the explosive cross-examination of learned counsel to
the defendant sought to withdraw his claim.
He continued, “It would appear that the
plaintiff only filed the suit so as to use it to shield himself from being
probed or investigated by the Medical and Dental Investigating Panel or the
Police against whom the defendant had lodged a complaint. The plaintiff
abandoned his case half way, I hold the view that the most appropriate order to
make in the circumstance in one dismissing the suit. I so hold. The suit is
accordingly hereby dismissed for being frivolously instituted and vexatious”.
Counsel to the defendant thereafter asked for
seven hundred thousand naira cost but the court awarded three hundred thousand
naira cost against the plaintiff.
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