Libel is actionable per se. If a Plaintiff proves that a libel has been published against him without legal justification, his cause of action is complete. He need not prove that he has suffered any resulting actual damage or injury to his reputation for such damage is presumed.
See MR BIODUN ODUWOLE & ORS V PROF TAM DAVID WEST (2010) LPELR – 2263 (SC) PAGES 15-16 PARAGRAPHS G-B, Per FabiyiJSC; EZEGBO & ANOR V IGBOKWE 2016 LPELR – 40784 CA.
To prove libel, the Plaintiff therefore needs to prove by cogent and credible evidence the following:
(i) The words complained of must be written
(ii) The words must be false
(iii) The words must be defamatory or convey a defamatory imputation
(iv) The words must refer to the Plaintiff
(v) It must be the Defendant who published the words
See GUARDIAN NEWSPAPERS LTD & ANOR V REV PASTOR AJEH (2011) LPELR 1343 SC AT 5. PARAGRAPH D-F. ILOABACHIE V ILOABACHIE (2005) 5 SC PT 1 149 AT 179. CHIMA OGBONNAYA V FIRST BANK OF NIGERIA PLC (2015) LPELR – 24731 CA P. 29 PARAGRAPHS B-E.
For the words to be considered defamatory, the test is whether reasonable men to whom the publication was made will likely understand them in a libelous sense. See YAHAYA V MUNCHIKA (2000) 7 NWLR PT 664 300 AT 314 PARAGRAPHS F-H