LEGAL PRINCIPLE: TORT LAW – Defamation – Libel – Gist of Libel Must Be Proved for Justification to Succeed
PRINCIPLE STATEMENT
Although it is not necessary to prove the truth of every word in the libel, the defendant is however obliged to prove that the main charge or gist of the libel is true. He need not justify the statements or comments which do not add to the sting of the charge.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in A.C.B. Ltd. & Ors v. Apugo (2001) NLC-1651995(SC) at p. 12; Paras D–E.
"Although it is not necessary to prove the truth of every word in the libel, the defendant is however obliged to prove that the main charge or gist of the libel is true. He need not justify the statements or comments which do not add to the sting of the charge."
EXPLANATION / SCOPE
For justification to succeed, the defendant need not prove every word in the libel true—only the main charge or “gist” of the defamatory imputation. Statements or comments that do not add to the sting (the defamatory meaning) need not be justified. The court identifies the core defamatory meaning; if that is true, the defence succeeds even if minor inaccuracies exist. This prevents plaintiffs from succeeding based on trivial inaccuracies while the substantial charge is true. The test is whether the defamatory sting is substantially true. Immaterial details do not defeat justification. The defendant must still prove the substantial truth of the damaging allegation.