In the Supreme Court decided case of Joseph Mangtup Din v. African Newspapers of Nigeria Limited of 25th May, 1990 and reported in (1990) 3 NWLR (Pt. 139) 392, it was held that since the appellant (Joseph Mangtup Din) had no character, there was nothing to assasinate.
JOSEPH MANGTUP DIN
v.
AFRICAN NEWSPAPER OF NIG. LTD
SUMMARY OF JUDGMENT
The appellant applied to the Federal Electoral Commission to contest election into the Constituent Assembly and was disqualified by the commission. He thereafter held a News Conference where he claimed and stated that he had served the Army meritoriously and with an unblemished record before he resigned voluntarily.
The Nigerian Army confirmed the inaccuracy of the statement, held a News Conference where the Appellant’s claims were rebutted and the respondent published the statements of the Army and were sued by the Appellant for defamation. The respondents admitted the publication and averred that the words complained of were fair and accurate report of information of the public by the Nigerian Army.
The appellant’s counsel argued that the admission by the appellant that he was convicted was inadmissible and the learned judges stated that the fact that the appellant admitted his conviction and sentence nullifies the question of proof.
The appellant was stated not to have priviledge under Sec. 9 of the Defamation Law, 1961 because from the facts which he admits, he does not have a character to protect, because the allegation is an answer to the action. Appeal was therefore dismissed.
