LAGOS, Nigeria(VOICE OF NAIJA)- The Court of Appeal in Lagos has upheld the dismissal of media entrepreneur Mo Abudu’s N1.4 billion libel case against child rights advocate Oluyemisi Wada, ruling that public interest commentary and calls for transparency cannot be treated as defamation without strong evidence of reputational damage.
The judgment, delivered on July 2, 2026, was unanimously delivered by a three-member panel of the appellate court who upheld the earlier decision of the Lagos State High Court.
The Lagos High Court had rejected Abudu’s claims over an opinion article published by Wada in THISDAY newspaper in September 2009.
Abudu had taken legal action over the article titled “Mute Voices,” alleging that it suggested funds raised from a charity concert organized for street children were not properly used.
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She sought N700 million in general damages, another N700 million in aggravated damages, a public apology and retraction, as well as an order preventing further publication of the claims.
However, the Court of Appeal ruled that the claims lacked sufficient evidence to prove libel.
Delivering the lead judgment, Justice Muslim Sule Hassan explained that proving authorship of a publication does not automatically establish defamation.
According to the court, a claimant must show that the material was communicated to others and that it damaged their reputation in the eyes of reasonable members of society.
“A person’s reputation is not based on the good opinion he has of himself but the estimation in which others hold him,” the court stated.
Justice Hassan, alongside Justices Folasade Ayodeji Ojo and Polycarp Terna Kwahar, noted that although Abudu told the court that friends and associates contacted her after the publication, none of those individuals was called as a witness to explain how the article affected their perception of her.
The court held that independent testimony from someone who read the article and changed their opinion of Abudu would have been necessary to support her claim.
The appellate court also upheld Wada’s reliance on the defences of justification and fair comment, stating that the subject matter involved public funds raised for charitable purposes.
The judges noted that members of the public, especially donors, have the right to ask questions about how donated money is managed and to demand accountability from those handling such funds.
Furthermore, the court stated that Abudu, as a public figure who sought donations from members of the public, should expect scrutiny over the management of those resources.
“It would not cost the appellant anything to provide explanation of her dealing with the funds generated from the public,” the court held, adding that the publication raised issues of transparency rather than an attempt to destroy her reputation.
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The judges also rejected the argument that Wada’s decision to report her concerns to the Economic and Financial Crimes Commission (EFCC) showed malice, noting that the action was consistent with her advocacy role.
In a supporting opinion, Justice Folasade Ayodeji Ojo stressed that defamation requires proof of publication to a third party, stating that merely writing a document does not automatically create legal liability.
Justice Polycarp Terna Kwahar also agreed with the decision, dismissing procedural objections raised during the appeal and concluding that the case lacked merit.
Ultimately, the ruling reinforces the balance between protecting personal reputation and allowing responsible criticism on issues involving public interest, charity and accountability.
The Court of Appeal subsequently dismissed Abudu’s appeal, upheld the Lagos State High Court’s 2019 judgment and made no order regarding costs.
