CIVIL PROCEDURE — Jurisdiction — Cause of Action — Publication as Foundation of Libel Action
Ratio Decidendi
Per Muhammad, JSC, in Dairo v. Union Bank of Nigeria Plc & Anor (2007) NLC-123-187-2002(SC) at pp. 23, 33; Paras D–A, D–E:
"It is the act of the publication of a libelous material that constitutes the cause of action... In a defamatory action, publication of the defamatory statement is an essential element of the cause of action. So, it is the publication not the composition of a libel which is the actionable wrong as the injury alone by it arises from the effect produced upon its readers."
Explanation / Scope
A libel action is complete only upon publication to a third party. Writing a defamatory statement that remains unpublished causes no injury to reputation. The cause of action accrues at the time and place of publication, which also determines the court with territorial jurisdiction. The plaintiff must plead and prove publication as a substantive element of the tort.