PRE-ACTION PROTOCOL FOR DEFAMATION

A. Introduction

This edition of the legal illumination of Akintunde Esan known as (the Legal Adviser Online) focuses on the pre-action protocol for defamation as a condition precedent to suing for defamation in Lagos State, Nigeria.

B. Pre-Action Protocols

Pre-action protocols explain the conduct and sets out the steps required of parties prior to the commencement of proceedings to which the High Court of Lagos State (Civil Procedure) Rules apply. 

They are issued by the Chief Judge of Lagos State and form an integral part of the High Court of Lagos State (Civil Procedure) Rules.

Order 1 Rule 2 of the High Court of Lagos State (Civil Procedure) Rules 2019 defines "Pre-action Protocol" as the pre-litigation steps a Claimant must have taken before filing his or her claim in the Lagos State High Court. The said Order 1 Rule 2 puts it thus: 

"Pre-Action Protocol” means steps that parties are required to take before initiating proceedings in Court as set out in Form 01 of these Rules.”

The pre-action protocol for defamation in Lagos State is set out as follows:

1. Letter of Claim

1.1. The Claimant must notify the Defendant of his/her claim in writing at the earliest reasonable opportunity.

1.2 The Letter of Claim must include the following information:-

a) name of the Claimant;

b) sufficient details to identify the publication or broadcast which contained the words complained of;

c. the words complained of and, if known, the date of publication; where possible, a copy or transcript of the words complained of should be enclosed;

d) the meaning(s) the claimant attributes to the words complained of;

e) factual inaccuracies or unsupportable comment within the words complained of; the Claimant should give a sufficient explanation to enable the Defendant appreciate why the words are inaccurate or unsupportable;

f) the nature of the remedies sought by the Claimant.

1.3. Where relevant, the Letter of Claim should also include:-

a) any facts or matters which make the Claimant identifiable from the words complained of;

b) details of any special facts relevant to the interpretation of the words complained of and/or any particular damage caused by the words complained of.

2.  Defendant’s Respondent Letter of Claim

2.1. The Defendant must provide a full response to the Letter of Claim within 14 days of service. If the Defendant believes that he/she will be unable to respond within 14 days, the Defendant is mandated to notify the Claimant of this inability and to propose a date for the response within seven (7) days of the expiration of the fourteen-day period. The proposed date is subject to an agreement between both parties. In the event that both parties fail to agree, the Defendant shall file its response on or before the end of the 7-day period subsequent to the initial 14 days granted.

2.2. The Response must include the following:-

a. whether or to what extent the Claimant's claim is accepted, whether more information is required or whether it is rejected;

b. if the claim is accepted in whole or in part, the Defendant should indicate which remedies it is willing to offer;

c. if more information is required, then the Defendant should specify precisely what information is needed to enable the claim to be dealt with and why;

d. if the claim is rejected, then the Defendant should explain the reasons why it is rejected, including a sufficient indication of any facts on which the Defendant is likely to rely in support of any substantive defence;

2.3. It is desirable for the Defendant to include in the Response to the Letter of Claim the meaning(s) he/she attributes to the words complained of.

Conclusion 

Click the link below to view more on the law of defamation in Nigeria:

ILLUMINATIONS ON THE TORT OF DEFAMATION IN NIGERIA

HOW TO TACKLE DEFAMATORY CONTENTS ON SOCIAL MEDIA

You can contact Akintunde Esan, (the Legal Adviser Online) for further illumination or legal advice on suing for defamation in Nigeria