The Lagos State High Court has released the full judgment in the defamation suit filed by Senior Advocate of Nigeria, Kenneth Chukwuemeka Ahia, confirming that Facebook user Ikechukwu Iroha Agwu authored and published a series of malicious posts that damaged the SAN’s reputation.
Justice O. Atinuke Ipaye, who presided over the matter, held that the claimant’s evidence was strong, consistent, and uncontroverted. According to the Court:
“The evidence of the claimant is overwhelming, largely unchallenged, and it preponderates towards a finding that the defendant, ‘Ikechukwu Iroha Agwu’, is the publisher of the defamatory materials on Facebook under the name ‘Ikechukwu Iroha’.”
The defendant had argued that “mischief makers” created fake Facebook accounts impersonating him. But the Court rejected this defence after expunging several of his documents for being inadmissible. Justice Ipaye stated:
“The defendant’s assertions of impersonation were unsupported by credible evidence. His documents were inadmissible and failed to establish any distinction between ‘Ikechukwu Iroha’ and ‘Ikechukwu Iroha Agwu’.”
The Court relied on Facebook URL evidence, WhatsApp exchanges, and government records to establish authorship. The judge emphasized the significance of the digital trail, noting that:
“Whilst a Facebook account holder may change his name or handle, the weblink remains irrevocably tied to the account holder. The Facebook URL in evidence clearly linked the posts to the defendant.”
Justice Ipaye also condemned the defendant’s behaviour, pointing to video evidence in which he mocked the claimant after receiving a demand letter.
“The defendant’s mockery, disdain and malice toward the claimant came across powerfully in the video clip tendered as Exhibit 14. Such abhorrent conduct cannot be excused.”
The Court described the July 10, 11 and 15, 2023 posts—which alleged that the SAN benefitted improperly from government contracts—as false and damaging:
“The publications were false, libelous, and intended to lower the reputation and integrity of the claimant in the estimation of right-thinking members of society.”
Consequently, Justice Ipaye granted all the reliefs sought. The defendant was ordered to retract the posts and publish an unreserved apology.
“The defendant is hereby ordered to publish a full withdrawal of the libelous publications and tender an unreserved apology within seven days of this judgment.”
The Court awarded N20 million in general damages and N500,000 in costs against the defendant, stressing that a person’s reputation must be protected.
“A person is entitled to his reputation and good name. Having been unjustifiably maligned, the claimant is entitled to damages and a full vindication of his character.”
The ruling reinforces the growing trend of Nigerian courts holding individuals accountable for defamatory content published on social media platforms.
