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Libel: Court orders online medium to pay N105m Damage To mining company, two others

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From Ahmad Saka, Bauchi

Bauchi State High Court number seven Presided over by Justice Abdulkadir Lamido Kabir has ordered online medium the Wikki Media and Publications Limited to pay the sum of N105 million for publishing libelous news story against MinXin Mineral Separation Ali Arzuka and Ibrahim Usman Adam.

Delivering judgment Justice Lamido awarded the sum of N 100 million in general damages to the claimant and another N5 million as cost of action totaling N105 million

Justice Lamido Declared that the online Publication and inserting picture of Dogo Hide by Wikki times Media and Publication Limited known on social media spCe as Will Times is libelous and defamatory to the character of the plaintiffs.

He gave gave an order compelling Wikki times to publish a written public apology and retraction to Plaintiffs which will be publish In Wikki times online platform,three nationally circulating news papers in Nigeria one of which shall be Daily Trust news paper and two internationally circulating magazines.

Justice Lamido ordered Wikki Times to pull down and erase from World wide web and online media platforms stories so published and pictures inserted relating to the plaintiffs published between 16th September,2023
He further restrained the Wikkii times from making such libelous publication against the claimant.

The plaintiffs had earlier through their counsel Barrister Emmanuel Danjuma instituted an action against Wikki Times, Haruna Bale and Yakubu Mohammed seeking N10 billion as aggravated and general damages and another ₦10 Million for cost of action .

The Plaintiffs said that on 16th day of September 2023, the Defendants published online a malicious article with this caption “INVESTIGATION: Inside Secret Details of How Chines allied Miners Bribed Dogo Gide Terror Group to Access Mining Sites in Niger State” and also inserted the picture Dogo Gide a Terrorist Kingpin whereby he name of 1st 3rd Plaintiffs were conspicuously written under the picture

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Counsel to the plaintiffs alleged that” The picture is a picture taken by the two defendants with Niger State Governor, when they visited him and alleged that the defendants removed the picture of the Executive Governor of Niger State, and inserted the picture of Dogo Gide. Terrorist kingpin”

The Plaintiffs told the court that the publication was done online and it carries far reaching implications in the sense that it is universally accessible through the use of internet which implies a desire to make the material so published available globally.

They alleged That the online libel and defamatory publication so published by the Defendants was done with the intend to malign and tarnish the reputation of the Plaintiffs was read, watched and downloaded by the third party.

The plaintiffs told the court that the Defendants so published a libelous publication that” On many occasions, the terrorist seized the mined stone and stalled operations until they were bribed with millions of Naira and motorcycles”

They alleged that the Defendants published in the same publication so published referred in a sub title “MINERS DIALOGUED WITH DOGO GIDE’S MOTHER” paragraph 4, that Ibrahim Usman Adam, one of the leading actors involved coordinating illegal mining in the axis, confessed that they discussed with the terror kingpin’s mother before operations would begin at the sites”.

Plaintiffs sais that the Defendants further published in me article under the same sub title above in paragraph 7 that Bandits were paid N3 Million every week,” one of the said. This is no more than hearsay.

The Plaintiffs states that they were granted two mining leases with No. 45933 ML and 4314ML in Shiroro LGA of Niger State for the period of 25 years respectively.

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They said That the Plaintiffs aver that the libelous statement so published by the defendants is false and it exposed the Plaintiffs to hatred, ridicule and people had shunned and avoided them.

In their Statement of Defence led by their Counsel one of the Defendants Yakubu Mohammed denied many of the allegations by the plaintiffs and explained “. That to the best of my knowledge and best on our standard procedure o operation, we always carry out a deep investigation before we publish any story on our platform.That when this issue of investigation of mining activities in relation to the terrorists related activities going on unabated in some part of Niger State Nigeria came up, it was assigned to me and my findings were very gruesome and quite revealing to say the least.”

The Defendants deny paragraphs 8, 9 and 10 of the Plaintiffs Amended Statement of Claim, which said they took picture with Niger State Governor, and they carried the story without the knowledge of the plaintiffs to the extent that the said images were published on the Niger State Government official news pages. And the Plaintiffs are put in a strictest proof of the fact therein

The Defendants further stated that contrary to the Plaintiffs’ assertions, the aim of the investigation is to find a way of drawing the attention of state actors to the suffering of the communities concerned or affected by insecurity in Niger State and the Defendants deny paragraphs 14 of the Plaintiffs’ Amended Statement of Claim, to the extent that the quoted publication did not refer to any of the Plaintiffs, which is very true. And the Plaintiffs are put in the strictest proof of the facts therein.

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