NB247
NFF’s Director of Competitions, Ms Ruth David has won a landmark defamation case at the Court of Appeal involving the publisher of an online news outlet (www.bestchoicesports.com.ng), Amaechi Agbo.
Ruling on allegations of unfair ethical practices including misrepresentation and defamation, the Court awarded a total of N52,000,000 (Fifty-Two Million Naira Only) as costs against Mr. Agbo, and advised him to cease disseminating information that could undermine public trust. Additionally, he is instructed to retract the allegations made via the same social media platforms and news outlets where the false information was initially published against Ruth David.
The reliefs granted by the Court of Appeal are: (a) An order directing the Defendant to publicly apologize without reservation to the Claimant and conspicuously publish such apology on one International Television Station, one National Television Station, one widely circulated newspaper in Nigeria, and on the online news platform managed by the Defendant: www.bestchoicesports.com.ng. (b) An order mandating the Defendant to publish a RETRACTION of the libelous material on his Online SportNews Website: www.bestchoicesports.com.ng, and across his personal Instagram, Twitter, Facebook accounts, as well as all ‘bestchoicesports’ social media platforms. The publication must mirror the original libelous content in headline and prominence, ensuring that @ FIFAcom and @ CAF _ Online accounts are tagged or copied.
Additionally, (c) the court awarded the Claimant against the Defendant the sum of N 50,000,000.00 (Fifty Million Naira Only) as general damages for defamation of character. (d) A perpetual injunction restraining the Defendant, his servants, privies, or agents from publishing or further publishing the defamatory statements or any other defamatory content concerning the Claimant. (e) An interest of ten percent (10%) per annum post- judgment, accruing from the date of judgment until the entire sum is fully paid, in accordance with the court’ s rules. (f) The sum of N 2,000,000.00 (Two Million Naira) is awarded as costs for the proceeding.
Ms David had lost the case at the FCT high court in 2023, after the judge found her submissions insufficient and dismissed her claims
The defamatory suit was filed in 2018 over a publication titled “U20 FIFA World Cup – Allowance Scandal Hits Falconets Camp,” by BSNSports.com.ng.
In 2018, two months after the publication, Ruth David sued BSN Sports in the suit number CV/1975/2019 for defamation asserting that the publication was aimed at disparaging her personality. She however, prayed that the court asked the defendant to pay her the sum of Twenty million naira (N20m).
BSN Sports on 4th August, 2018 few weeks after the Nigeria U20 women’s team, the Falconets, lost out at the world Cup wrote the story that the federation failed to pay the players and officials match bonuses and allowance for the African qualifiers and 10-day camping in Austria.
Ruth David in her written address before the court showing the payment of the players and officials of the team for allowance received for one win and one draw at the World Cup.
The payment of the two-match allowance according to the exhibit was paid on 4th October, 2018 while the story was published two months (August 2018) before the purported payment. More so, the publication dwelled on the non-payment of the six matches the team played during the African Qualifiers where they won five games and drew one.
Defendant lawyer, Barrister Dr. Celsus Ukpong (esq) stated unequivocally that the publication was not aimed at Ruth David but the NFF who didn’t see the publication as defamatory and reason they refused to be joined in the case.
Not being convinced by the plaintiff claims as she failed to provide enough evidence and witness to back her claims, the judge on Monday 6th March, 2023 said the evidences provided by the defendant were overwhelming that the publication was not libellous nor defamatory.
Justice A.I Akobi, therefore threw out the case and ruled in favour of Mr. Niyi Busari, Publisher BSN Sports.
Not satisfied with the judgment, she proceeded to the appeal court.
Mr Agbo had struggled through the litigation in the case that had lingered for more than seven years, complaining of huge financial drains in prosecuting the case.
It is not yet clear if Mr Agbo would be proceeding to the apex court to clear himself.