CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Place of Publication as Basis for Jurisdiction in Libel Actions
Ratio Decidendi
Per Muhammad, JSC (adopting the holding in Egbue v. Araka (1988) 3 NWLR (Pt. 84) 598), in Dairo v. Union Bank of Nigeria Plc & Anor (2007) NLC-123-187-2002(SC) at p. 36; Paras B–C:
"Before the High Court of a State can have jurisdiction in the publication of a libelous article, the publication must have taken place within the jurisdiction of the court."
Explanation / Scope
This principle flows from the earlier distinction between territorial jurisdiction and venue. In libel actions, the cause of action arises where the defamatory material is published to a third party. Consequently, only the court within whose territorial jurisdiction the publication occurred has jurisdiction to hear the matter. A plaintiff cannot choose a forum unconnected to the publication merely for convenience, as jurisdiction in such cases is constitutionally and statutorily defined by the situs of the tortious act.