Malicious publication: Iwu, Daily Telegraphs settle out of court with N.5m

The former Chairman of the Independent National Electoral Commission (INEC), Prof. Maurice Iwu and the Daily Telegraph on Wednesday in Abuja, settled out of court after paying N500, 000 as compensation for malicious publication.

The malicious statement, which bothered on indictment of Iwu on electoral fraud and malpractices, was made on Aug. 12, 2016.

As part of the out of court settlement, the management of Daily Telegraph was told to publish an apology in its newspaper, including the internet version.

The court also ordered Iwu, the plaintiff not to institute further action over the same issue.

Iwu had approached the court after reading the alleged malicious publication in the Daily Telegraph, alleging his indictment of electoral fraud and malpractice in the newspaper.

Counsel to the plaintiff, Olufemi Balogun said that Daily Telegraph had made a malicious comment regarding an indictment for fraud and electoral malpractice against his client.

He said that based on the malicious comment, his client directed him to institute a legal action against the newspaper, adding that both parties had however agreed to adopt an out of court settlement.

“The term of settlement is that they shall publish an apology in their newspaper and on the internet and they will pay the sum of N500, 000 as compensation.

“It is however gathered that the management of the newspaper had paid.

“Another thing is that the plaintiff shall not institute any further legal action over the same issue.’’

Balogun said that the terms of settlement was being made as a judgment by the court, adding that the country was moving forward in its democratic experience with this development.

Mr Emmanule Akoma, the counsel to the defendant, while addressing the court said his client chose to settle out of court, adding that both parties had agreed to the terms of settlement.

Justice Angela Otaluka of the FCT High Court Lugbe, Abuja after listening to counsel to the plaintiff, Balogun and counsel to the defendant, Akoma in their submission agreed to grant their request.

Otaluka however said that both the plaintiff and the defendant were bound by the terms of agreement, adding that all parties were also bound by the terms of settlement.

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