I have read a reply to News Diary by my elder brother and Senior colleague, Mr Inuwa Bwala, saying the Borno State Government would have to proof in court that his published allegations were falsehoods.
Special Adviser to Governor Kashim Shettima on Communications, Isa Gusau said while it will only require a hundred level law student in any Nigerian University to dispute that malicious publication on the strength of facts, the laws of libel under defamation as provided for in Nigeria, squarely place the onus of proof of allegations on the person, group or institution that makes the allegations and not the accused or victim (in Borno’s case).
Unlike in slander which is a bit tough to establish defamation, in the case of libel all the plaintiff is required to do is to provide the publication and proof how it defamed his,her or its reputation. That publication was aired by AIT during iits Newspapers headline on Kakaki. We have the tape of that headline review and it will (be ) tendered in court to show extent of damage.The AIT has no less than 20 million viewers in Nigeria and millions of others within Africa since it’s services are on satellite viewed in Sierra Leone, Liberia, Senegal among others.
In addition, it is so easy to prove malice in that publication because there were two serial editions all on Borno, (bordering) on allegations, the National Trail went as far as sending bulk sms to Borno residents to further damage the reputation of the Government while the publications came after Mr Bwala was sacked and that clearly indicates he is an aggrieved party.
The case is very good one for Borno State Government and that is cheering. here(sic) is very good bases for the Government to (prove) that the publication is informed by malice. I think the National Trail has hanged it’s self by the neck. There is just no way it can (prove) most of what it published because something cannot stand on nothing.
I am a journalist, I have reported different events, persons and groups, when I see a libel case that a journalist or Newspaper cannot escape being found guilty, I know it very well and this is certainly one of such cases.
Being the text of a reply to Bwala’s comments emailed to Newsdiaryonline by the Special Adviser to Governor Kashim Shettima on Communications, Isa Gusau.
