Enugu hospital MD, three others lose appeal against nurse over defamation case
The Court of Appeal in Enugu, on Thursday, dismissed an appeal filed by the acting Medical Director of the Federal Neuropsychiatric Hospital, Enugu, Dr. Ngozi Unaogu, and three consultant psychiatrists against a senior nurse, Afam Ndu.
The appeal, marked CA/E/47/2022, was filed by Dr. Unaogu alongside Drs. Ubochi Vincent, Justin Acho, and Ugwuonye Onyekachi, challenging the 2021 judgment of the Enugu State High Court in a defamation suit initiated by Mr. Ndu.
The lower court, presided over by Justice E. M. Egumgbe, had awarded N2.5 million in damages to Ndu after the doctors accused him of rape, murder, and possessing fake certificates. The accusations prompted Ndu to file the defamation suit in 2017.
Dissatisfied with the High Court ruling, the doctors argued before the appellate court that the letter they sent to the Ministry of Health discrediting Ndu was privileged information. They based their appeal on two issues, including whether the trial court was right to rule that their petition against Ndu was false, malicious, and defamatory.
However, a three-man panel of the appellate court, led by Hon. Justice Zainab Bage Abubakar, struck out the appeal, stating it lacked merit. The panel concluded that the appellants’ grounds of appeal did not substantiate their claims.
Justice Abubakar’s ruling was unanimously upheld by the two other justices on the panel.
Reacting to the judgment, Ndu’s lawyer, I. O. Adani, commended the court, describing the ruling as a victory for justice and society.
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“The Court of Appeal has once again demonstrated that it is the last hope of the common man. This is not just a victory for Ndu but for our society, where defamation and falsehood cannot be used to undermine individuals. The defamatory statements were false and malicious, and despite being asked to retract them, the doctors refused, leaving us no choice but to seek justice,” Adani said.
He further noted that the ruling clears the way for his client to enforce the High Court judgment, which also mandated the doctors to issue a public apology in two national newspapers.
