LEGAL PRINCIPLE: TORT LAW – Defamation – Libel – Plea of Justification – Burden on Defendant
PRINCIPLE STATEMENT
To establish a plea of justification the defendant must prove that the defamatory imputation is true. The defendant must justify the precise imputation complained of. In other words, strict proof is demanded. At common law, under a plea of justification, the defendant must prove the truth of all the material statements in the libel. There must be substantial justification of the libel. To make a good plea of the whole charge, the defendant must justify everything that the libel contains which is injurious to the plaintiff. A plea of justification means that the libel is true, not only in its allegation of fact, but also in any comments made thereon. The defendant therefore has the onus to prove not only that the facts are truly stated but also that any comments on them are correct.
RATIO DECIDENDI (SOURCE)
Per Obaseki, JSC (as adopted by Ejiwunmi, JSC), in A.C.B. Ltd. & Ors v. Apugo (2001) NLC-1651995(SC) at pp. 11–12; Paras A–C.
"To establish a plea of justification the defendant must prove that the defamatory imputation is true. The defendant must justify the precise imputation complained of. In other words, strict proof is demanded. At common law, under a plea of justification, the defendant must prove the truth of all the material statements in the libel. There must be substantial justification of the libel. To make a good plea of the whole charge, the defendant must justify everything that the libel contains which is injurious to the plaintiff. A plea of justification means that the libel is true, not only in its allegation of fact, but also in any comments made thereon. The defendant therefore has the onus to prove not only that the facts are truly stated but also that any comments on them are correct."
EXPLANATION / SCOPE
Justification (truth) is a complete defence to libel, but the defendant bears the burden of strict proof. The defendant must prove the truth of all material injurious statements—substantial justification of the entire libel is required. Not every word need be proved, but the main charge or “gist” must be true. Comments must also be correct. The defence fails if the defendant cannot prove the truth of the defamatory imputation. The burden is on the defendant because the plaintiff is presumed innocent. This high standard protects reputation while allowing truth as a defence. The defendant cannot rely on partial truth.