The High Court of Ebonyi State has awarded N2bn aggravated damages against Peoples Gazette online in favour of former Governor of Ebonyi State Engr. Dave Umahi who is the current minister of Works and two others for defamatory publication.
This is contained in a judgement delivered by his Lordship Hon.
Justice Henry A. Njoku on Thursday in a Suit marked No. HAB/36/2021 between Engr. David Nweze Umahi and 2 Ors vs. The People Gazette Ltd and Anor.
Justice Njoku who gave the order further ordered that the said amount to be shared by the defendants will be given to all the orphanage homes as will be directed by the plaintiffs.
The defendants are jointly and severally to issue a retraction of their defamatory publications dated 29th and 30th of January, 2021 published on their People’s Gazette website and to issue a written apology to the plaintiffs.
The retraction and letter of apology to be aired on AIT, published in two national dailies and in all internet/social media network where the defamatory publications were published.
And an Order of perpetual injunction restraining the defendants whether by themselves, their privies, servants, agents or howsoever called from further publishing or causing to be published the said or similar defamatory publications against the plaintiffs, was also made.
The defendants (People Gazette Ltd) had on the 29th and 30th January, 2021, published via it’s online news tabloid, two defamatory publications against the then Governor of Ebonyi State, Senate. Engr. David Nweze Umahi, his brother Austin Umahi and Another
Aggrieved by the defamatory publication, Umahi had briefed his lawyer Chukwuma-Machukwu Ume ,SAN, who filed the suit on 19/03/2021 after the defendants ignored his letters demanding a retraction of the defamatory publication and an apology.
The court heard during the trial which commenced on 26/09/2022 that the said publications, authored by Nimi Prince, a reporter working with online newspaper made far reaching, false, unsubstantiated, derogatory and malicious allegations to the effect that Umahi was using his Company, Brass Engineering and Construction Ltd allegedly managed by his Brother to siphon Ebonyi state funds since when he became deputy Governor of the state in 2011.
However, the plaintiffs lawyers called a total of 6 witnesses who testified and tendered documents showing that money transferred to the Brass Engineering and Construction Ltd from the State government accounts were payments made for contracts ( mostly road projects) the Company had executed to completion in the years spanning between 2005 – 2008.
The plaintiff closed their case on the 15/02/2023, and court granted over 40 adjournments for the defendants who participated all through the proceedings through their counsel to enter their defence, yet they failed and refused to call any witness.
On the 15/07/2024 parties addressed the court and judgment was reserved till 31/10/2024 but couldn’t be delivered for some unforseen reasons, it was further adjourned today, 14/11/2025.
In its judgment, his Lordship Hon. Justice Henry A. Njoku found and held that the defendants’ publications were indeed defamatory of the person of the plaintiffs He also found that same were criminal in nature and that the defendants failed to prove their allegations as contained there in, particularly as it relates to the defense of justification and fair comment raised in their Statement of defence.
The Hon Court specifically thanked the learned Silk for Plaintiff, Chukwuma-Machukwu Ume, SAN for painstakingly following through the case to the end.
Chukwuma-Machukwu Ume, on his own thanked the Hon Court for pronouncing in clear terms that defence of fair comments require the defendant to lead evidence to prove same.