COURT SLAMS 50 MILLION NAIRA DAMAGES AGAINST DON UBANI FOR DEFAMATION OF CHIEF UMEH KALU, SAN
The High Court of the Federal Capital Territory, Abuja, has Ordered Don Ubani a.k.a Okwunbunka of Asa, to pay the sum of fifty million Naira to Chief Umeh Kalu, SAN, a former Attorney – General/Commissioner for Justice in Abia State, and, also to publish a full – page apology in Thisday Newspaper and Sun Newspaper for the defamation of the character of Chief Umeh Kalu, SAN.
The Orders were contained in the judgement of the High Court of the Federal Capital Territory delivered by Hon. Justice J.O.E. Adeyemi – Ajayi in Suit No.: FCT/HC/CV/6777/2023 a longstanding Suit instituted by Chief Umeh Kalu, SAN against Don Ubani for a libelous publication by Don Ubani titled “What a demeaning unprofessional conduct by Chief Umeh Kalu, SAN”.
Don Ubani, a former Commissioner for Information in Abia State had in June 2023 issued a Press Statement wherein he described Chief Umeh Kalu, SAN in very unsavory terms.
Don Ubani had accused the learned Senior Advocate of Nigeria of fraudulent conduct and portrayed him as lacking morals and as such was unfit to be a legal practitioner let alone a Senior Advocate of Nigeria and a Life Bencher.
In the publication, the Defendant had alleged that the Claimant lacked self-discipline and good moral upbringing, described him as a "tout," accused him of fraudulent conduct, and claimed he was a disgrace to the legal profession.
The statement further alleged that Chief Umeh Kalu, SAN, had engaged in what the Defendant termed "fraudulent misdemeanor" during proceedings at the 2023 Abia State Governorship Election Petition Tribunal in Umuahia, where Chief Umeh Kalu, SAN was Counsel to the Labour Party in the Governorship dispute between the Peoples Democratic Party (PDP) and Governor Alex Otti and others.
Chief Umeh Kalu, SAN, through his solicitors at Seasons Law Firm, filed a Suit seeking a public apology, retraction of the statements and N500 million in damages, after the Defendant had failed to respond to their letter demanding the retraction of the Press Statement.
In his Statement of Claim, Chief Umeh Kalu, SAN averred that the Defendant's publication had injured his hard-earned reputation, caused him emotional distress, and exposed him to public ridicule among his professional colleagues and associates both in Nigeria and internationally.
Chief Umeh Kalu, SAN is a legal practitioner of nearly four decades' post-call experience. He served as Attorney-General and Commissioner for Justice in Abia State from 2009 – 2019, holds the rank of Senior Advocate of Nigeria (SAN), and is a Life Member of the Body of Benchers.
He currently serves on the Ethics Committee of the Body of Benchers and sits on the panel of the Legal Practitioners Disciplinary Committee (LPDC).
Legal analysts view this judgment as a significant affirmation of the protection of reputation under Nigerian defamation law, particularly for legal practitioners and public figures.
The award of N50 million in damages underscores the Court's disapproval of publications that attack the character and professional standing of individuals without factual basis.
The Claimant was represented by Adekunle Kosoko, Esq. of Seasons Law Firm, Abuja, while the Defendant was represented by Darlington Dike, Esq.
Commenting on the judgment, Chief Umeh Kalu, SAN, lauded the Court for its industry in its over fifty (50) paged judgment which took 1 hour to read.
Chief Umeh Kalu said he would have ordinarily not have bothered himself with the likes of the judgment debtor and allow God to seek vengeance for him, but for the need to sanitize the Abia State political landscape, where few deviants have taken up the profession of tarnishing the hard – earned reputation of resourceful and hardworking public figures like himself for the collection of peanuts from their paymasters.
He vowed to pursue the enforcement of the judgment and donate proceeds from the monetary award to motherless babies’ homes in Abia State.
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