By Onozure Dania

A Benue State High Court sitting in Makurdi,  has ordered Alhaji Abubakar Tsav  and a national newspaper to pay N10 million jointly and severally as damages to Mr. Abrahams Kwaghngu, Senior Special Assistant on Special Duties to Governor Samuel Ortom, for libel.

Trial judge,  Justice Maurice Ikpambese, in his judgment in the suit, also directed them to publish a retraction of the defamatory and libelous publication in three national dailies circulating within the state as well as a paid advertorial on the prime time of some broadcast stations.

Judicial symbol for justice

Justice Ikpambese held that the defense of fair comment does not avail Alhaji Tsav who is the first defendant in the case.

Mr. Kwaghngu had instituted a suit against the Public Complaints Commissioner in Benue State and the newspaper for describing him as a killer, thug and a vandal, who killed Hausa and Kabawa people during a crisis in Gbajimba in 2013 and also destroyed their property, as contained in a story published in the newspaper of August 31, 2015.

The judge stated:  “Considering the falsity of the story, the first defendant had no moral, social or legal interest or duty to have published it in the media and the newspaper for public consumption.

“It is abuse of powers for the first defendant to enlarge his coast by renewing and wading into Gbajimba crisis when he had already found nothing against the plaintiff during General Atom Kpera-led panel.”