31st December, 2010
Justice O. O. Goodluck of the High Court, Federal Capital Territory, Wuse Zone 5, Court 9, Abuja, Nigeria, has dismissed suit No. FCT/HC/CV/129/06 filed by Mr. Kayode Sunmola against Bashorun J.K. Randle.
Sunmola, who is the Director-General, Bureau of Management and Budget in Ogun State, South West Nigeria, had instituted an action for defamation against Bashorun J.K. Randle in the High Court of the Federal Capital Territory contending that the publication of a letter to Skye Bank Plc in respect of what the defendant termed fraudulent transactions injured his credit and professional reputation and that he had been brought to scandal, odium, ridicule and contempt.
The plaintiff, who was working with J.K.Randle & Co. before he joined Governor Daniel’s administration, sought for an order of perpetual injunction restraining the defendant from further publication of such defamatory statement, an order directing the defendant to retract the publication and tender an unreserved apology to the plaintiff and the claim of the sum of N50,000,000 (fifty million naira) only as general damages against the defendant for defamation and wrongful detention.
In his ruling, Justice Goodluck observed that even though the parties were divisive on the ownership of J.K. Randle & Co., the plaintiff cleared all the sums into his personal investment and/or for his self service.
The the court also ruled that plaintiff did not controvert the evidence that the account was milked dry by him (the plaintiff) for his personal use. The court also held that the plaintiff utilized the firm’s funds for use other than the purpose for which the firm was established.
The court admitted that there was indeed a publication – in writing – of defamatory words by the defendant and communicated to a third party but that the offending words were true.
The court affirmed that the defendant was entitled to the defence of justification since the plaintiff palpably failed in controverting the defendant’s assertion of the plaintiff’s fraudulent dealings with the firm’s account.
It also held that the entire transactions conducted by the plaintiff left a sour taste in the mouth and further accentuated by the unilateral relocation and reactivation of a dormant account which set the pace for the total evacuation of the funds by the plaintiff within four days of depositing the cheques in the account.
The entire transactions, from the transfer of the firm’s account to an unknown branch, the diversion of the firm’s funds for his personal use and benefits bore the full colouration and semblance of fraud.
The court also held that the plaintiff’s management of the firm’s account is untoward, reprehensible and bordered on fraud.
Justice Goodluck further ruled that the defendant had made out a defence of justification and that the plaintiff had palpably dented the high values of integrity, honour and credibility which he ascribed to himself since he actually diverted cheques and siphoned all the monies within a few days of lodgement.
The court concluded that the transactions were fraudulent and the action was accordingly dismissed and awarded costs of N100,000 against the Sunmola.