BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales High Court (King's Bench Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Uyi v Abraham (aka Imade, aka Pastor Osas Osakue of Light of Life Church) [2024] EWHC 1530 (KB) (19 June 2024) URL: http://www.bailii.org/ew/cases/EWHC/KB/2024/1530.html Cite as: [2024] EWHC 1530 (KB) |
[New search] [Printable PDF version] [Help]
KING'S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
DAVID UYI |
Claimant |
|
- and – |
||
OSAMUDIAMEN ABRAHAM (a.k.a JOHN IMADE a.k.a PASTOR OSAS OSAKUE of LIGHT of LIFE CHURCH) |
Defendant |
____________________
Harry Stratton (pro bono counsel) for the Defendant
Submissions: 23 February and 22 March 2024
____________________
Crown Copyright ©
Mrs Justice Hill DBE:
Introduction
Amendment to the statements of case and the transcript of the video
Issue (i): The meaning of each of the four statements complained of in paragraph 4 of the APOC
The legal principles
"i) The governing principle is reasonableness.
ii) The intention of the publisher is irrelevant.
iii) The hypothetical reasonable reader is not naïve but he is not unduly suspicious. He can read between the lines. He can read in an implication more readily than a lawyer and may indulge in a certain amount of loose thinking but he must be treated as being a man who is not avid for scandal and someone who does not, and should not, select one bad meaning where other non-defamatory meanings are available. A reader who always adopts a bad meaning where a less serious or non-defamatory meaning is available is not reasonable: s/he is avid for scandal. But always to adopt the less derogatory meaning would also be unreasonable: it would be naïve.
iv) Over-elaborate analysis should be avoided and the Court should certainly not take a too literal approach to the task.
v) Consequently, a judge providing written reasons for conclusions on meaning should not fall into the trap of conducting too detailed an analysis of the various passages relied on by the respective parties.
vi) Any meaning that emerges as the produce of some strained, or forced, or utterly unreasonable interpretation should be rejected.
vii) It follows that it is not enough to say that by some person or another the words might be understood in a defamatory sense.
viii) The publication must be read as a whole, and any 'bane and antidote' taken together. Sometimes, the context will clothe the words in a more serious defamatory meaning (for example the classic "rogues' gallery" case). In other cases, the context will weaken (even extinguish altogether) the defamatory meaning that the words would bear if they were read in isolation (e.g. bane and antidote cases).
ix) In order to determine the natural and ordinary meaning of the statement of which the claimant complains, it is necessary to take into account the context in which it appeared and the mode of publication.
x) No evidence, beyond publication complained of, is admissible in determining the natural and ordinary meaning.
xi) The hypothetical reader is taken to be representative of those who would read the publication in question. The Court can take judicial notice of facts which are common knowledge, but should beware of reliance on impressionistic assessments of the characteristics of a publication's readership.
xii) Judges should have regard to the impression the article has made upon them themselves in considering what impact it would have made on the hypothetical reasonable reader.
xiii) In determining the single meaning, the Court is free to choose the correct meaning; it is not bound by the meanings advanced by the parties (save that it cannot find a meaning that is more injurious than the claimant's pleaded meaning)" (and see Millett at [8] for the Court of Appeal's approval of this summary).
(i) The ordinary reasonable reader assesses the statement in the context and circumstances of its publication: Bukovsky v Crown Prosecution Service [2017] EWCA Civ 1529, [2018] 4 WLR 13 at [13];
(ii) Where a statement uses particular unusual words, it may be that it does not convey anything in particular to an ordinary reasonable reader at all – unless the Claimant can plead and prove that it was communicated to a person who understood what those words mean; and
(iii) In the case of a video recording, the viewer is taken only to view the recording once, and "the casual viewer of a television show is forced to form quick impressions": Collins on Defamation at [6.71].
The video as a whole
Statement I
Statement II
Statement III
"To start with even how did that church gospel came about he also stole the church from someone who was raising a ministry. so the church then was called gospel church mission when he went there only God knows what happened to the pastor that was there he drove the pastor away that was how the seed start manifesting unknowing to no one then he now quickly changed it to gospel church he called himself David, his name is not David, his name is Atoh Uyi. That's his name."
Statement IV
"So, I'm gonna question him now. You are listening to me now, David, the Almighty God, even the God that made the heavens and the earth, His judgment now is now upon you. The blood of all those that died in that ministry: we are talking about sister Irabor, we are talking about Amoroghie, we are talking about Omoreghie's son Igbohosan, we are talking about brother Sator, we are talking about brother Anere, we are talking about every other one that followed. What happened to them? How did they pass on? Because they challenged you….That blood is found on your hands..."
Issue (ii): Whether each of those meanings is a statement of fact or opinion
"i) The statement must be recognisable as comment, as distinct from an imputation of fact.
ii) Opinion is something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation, etc.
iii) The ultimate question is how the word would strike the ordinary reasonable reader. The subject matter and context of the words may be an important indicator of whether they are fact or opinion.
iv) Some statements which are, by their nature and appearance opinion, are nevertheless treated as statements of fact where, for instance, the opinion implies that a claimant has done something but does not indicate what that something is, i.e. the statement is a bare comment.
v) Whether an allegation that someone has acted "dishonestly" or "criminally" is an allegation of fact or expression of opinion will very much depend upon context. There is no fixed rule that a statement that someone has been dishonest must be treated as an allegation of fact".
"22…Section 3 of the Defamation Act 2013 ["the 2013 Act"] provides for a defence of "honest opinion" which is relatively generous. But the first condition for the availability of this defence is that the statement was one of opinion: see s 3(2) of the 2013 Act. A statement will only be defensible under s 3, therefore, if it is recognisable as a comment or opinion as distinct from an imputation of fact. If it is not, the defendant will need to prove that it is substantially true (s 2 of the 2013 Act) or that it was a reasonable publication on a matter of public interest (s 4 of the Act).
23. Opinion is synonymous with "comment". It is something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation or the like. As with meaning, the Court deciding whether a statement is one of fact or opinion looks only at the words complained of and their immediate context, and the ultimate question for the Court is the objective question of "how the words would strike the ordinary reasonable reader". This question may be considered after the meaning has been decided, or at the same time, or in the reverse order, which is common practice.
24. This is a highly fact-sensitive process that focuses on the particular statement at issue. One factor for consideration is whether the statement contains any indication of the basis on which it is made. At common law a statement that contains no indication of or reference to any supporting facts is liable to be treated as a statement of fact. The second condition for the statutory defence of honest opinion is "that the statement complained of indicated whether in general or specific terms the basis of the opinion": s 3(3) of the 2013 Act. Beyond these extreme cases, "[t]he more clearly a statement indicates that it is based on some extraneous material, the more likely it is to strike the reader as an expression of opinion".
Issue (iii): Whether each of those meanings were defamatory at common law
Conclusion
(i) The meaning of Statement I is that the Claimant was intentionally and/or recklessly misleading his congregation and the wider public.
(ii) The meaning of Statement III is that the Claimant was acting in a dishonest fashion towards members of his own congregation.
(iii) The meaning of Statement III is that Claimant had supplanted the previous pastor by discreditable means.
(iv) Statements I, II and III were statements of fact.
(v) The meaning of Statement IV is that the Claimant had moral responsibility for the safety of his congregation, and had questions to answer about whether he failed in that moral responsibility by allowing members of the congregation to come to harm (not necessarily fatally).
(vi) Statement IV was a statement of opinion.
(vii) All four statements bore a meaning which was defamatory of the Claimant at common law.
[1] "So, friends of the Lord, like I said, if you are taking down my topic this afternoon, it is Elder David The Beloved a false pastor of the Seed of Belial and that's what I want to talk about this afternoon but I want you to know, when we talk about Belial brothers and sisters, we are talking about an evil that comes in a man to use a man as against the will of the Lord and we saw that the devil becomes that, because he was the one who wanted to become the Most High God."
[2] "I'm talking about physical nation now, are ruling the people in the office of a leader to lead the nation and to subject the people under his suppressiveness to subject the people under abuses to subject the people to all kinds of pain or undue pain we now begin to see that something is wrong..."
[3] "...but we now see a tyrant coming in sheep clothing as we have seen "inaudible 22:20" in the so-called Elder David the first pastor coming forth in a platform in a way of a message and say that he has received the message of God and then try to deviate the people that drive the people away from the true God and the true nature of who he was now begin to reveal we will not begin to trace now that a man does not do anything on earth except he's being led by spirit if that spirit has got to be either of God or it has got to be of the devil. so, when in our come forth as a tyrant as against God's children we now begin to see where that seed is coming from as we're going to look into that seed more in detail but we needed to travel on this way now to bring onto your understanding what I'm trying to talk about."
[4] "It takes God to come to deliver them out, because they now see their pastors as everything and that is what we have found in this man that have come by the image of a sheep clothing called Elder David. He came forth as Elder David but he's a false pastor he's a false pastor of the seed of Belial..."
[5] "...A ruler a dictator that have come in as a pastor to destroy God's heritage but I stand for truth I stand for I stand for the heavens we will not allow that we shall keep exposing them even as Josiah did in the bible. Praise the name of the Lord. So, we find here now my brothers and sisters, we said that we have to look to this man I'm talking about who has come with a title as an Elder David he's a beautiful title with the name it attracted this David but behind that name we saw that he's a seed of Belial who possesses the characteristics of the sons of Belials in the bible. In a form of a tyrant the spirit uses against God's children who thought to serve God who thought they have come to serve the almighty God but unknowing to them that they have been entrapped in the bondage of a man of a tyrant called Elder David a false pastor, who is of the seed of Belial what is my prayer for those sons and daughters of God that the Lord delivered them so when they hear my voice this afternoon, I pray that the Lord delivered you praise the name of the Lord. So, who is this person we are talking about the so-called Elder David who called himself beloved..."
[6] "So, he came in as a sheep clothing said that oh he's believing message, he's hunting for God but at the point in time we're now going to see the true nature of begin to come out. What was that nature he said he was David of old, that he has come forth in this day as the son of God he said he is Christ. please I want you to hear so that when you see such message going on when you see such deviate from that..."
[7] "We also see that he move ahead okay and David what did he do he now began to take women that he "inaudible 31:43" begin to abuse the members of the church..."
[8] "...Until the wife caught him sleeping with members of the church when he's been confronted while doing this and you call yourself a pastor. he began the tyranism and spirit that is in him began to come out the next thing we see if we're gonna he began abusing the wife we're talking about physical abuse and mentally abuse, torture, mental torture and physical torture beating the wife all in all such way until that seed began to push more and more..."
[9] "...because he's David so he can do whatever he feel likes when he drove the wife away what do we find brothers and sisters, then that seed of Belial now began to unleash against the members of the church who thought they come to seek God, who thought oh they are heading for salvation. what we find on the members of the church was now sleeping with members of the church, what do we find then he began strengthening the abuses that anyone just say anything out he's David I've got money he could do all things. he now subjected people in oppression in all physical abuse in all repressiveness in all manners of all abuses that you think about, my brothers and sisters who are we talking about now, "inaudible 0:57" he's a pastor he says David..."
[10] "What is that prophecy oh that I saw that you are a witch I saw that you are a wizard and turn families against each other and break those family that same woman that he has gotten to say okay, i want to use her to prophesy so they see uh that precious sister what do we find until he got her precious sister pregnated are you following why? I'm David, after all David married many many many wives so as I've come back now as David I have to go that way, that's how he has been deceiving people, are you following he got her pregnant many many occasions aborted when it came to this one the Lord exposed him out. Seven months pregnant what happened, he aborted it. Then after he told the church, "now look the church is in a valley, now the church will be praying, that church have sinned, knowing that he has sinned against almighty God until God exposed him, when he's been exposed many left the way he still left with some and what happened he tried to lie to them, to try to sustain them. not too long again that same seed must bring after its nature. we saw here brothers and sister moving against keep moving against them keep moving moving against them until a married couple in that same church by the name of Sister Ebene he moved against that woman and destroyed her marriage."
[11] "Anyone he raises as his minister is abused and subjected under him castings spell upon them. a David who will go to what, a native doctors place to seek what, an enchantment, after he has seek that enchantment, he will now let people see I've got powers now, I've got powers now. using that against those girls, using that against underage girls and took their virginities away. underage girls and keeps them in his home, subjected them in bondage, now they have no sense of their own anymore. destroyed families, written prophecies to say this family is a witch, their children are not to go closer to them, and scattered the family for many years and told the children their mother is a witch, their father is a wizard, don't go near them and broke families for many years. why because his errors have been made known to the church..."
[12] "So we are saying an anti-Christ now in a sheep clothing in the name of David to deceive God's children. what we find brothers and sisters we are moving on. That you are to chant my name whatever you do at home in anywhere, as i said so long you could pay your dues back and he subjected the people, people keep on carrying on that until he so subjected the people and took their lands from them..."
[13] "...as long as you can give David money so this will be devil so this devil we are talking about where does he locate we are talking about he is he's located in Edo state in Nigeria on Number one, first gospel avenue and his church is called gospel church. To start with even how did that church gospel came about he also stole the church from someone who was raising a ministry. so the church then was called gospel church mission when he went there only God knows what happened to the pastor that was there he drove the pastor away that was how the seed starts manifesting unknowing to no one then he now quickly changed it to gospel church he called himself David, his name is not David, his name is Atoh Uyi. That's his name. So when you see that name David the beloved he is in Edo state..."
[14] "...so-called pastor that calls himself David the beloved? No. He has taken God's children taking the daughters of God and abusing them, laying with them, sleeping with all sorts of them did you see that until he got them pregnant and aborts the baby and go and bury it. abusing in all forms mentally and physically abuse here did you see that. so a spirit, a man that can do that, what does that seed came from, how did it came in so it has got to be of Belial to be able to carry that out..."
[15] "He went to give a medication to the sister she got pregnant to flush to abort that seven months baby out that's the evil that he committed the evil act that he did. This is somebody who married and drove his wife away and as a pastor bible said when you marry do not drive your wife without no reason..."
[16] "So I'm gonna question him now. You are listening to me now, David, the Almighty God, even the God that made the heavens and the earth, His judgement now is mow upon you. The blood of all those that died in that ministry: we are talking about sister Erhabor, we are talking about Amoroghie, we are talking about Omoreghie's son Igbohosan, we are talking about brother Sator, we are talking about brother Anere, we are talking about every other one that followed. What happened to them? How did they pass on? Because they challenged you.... That blood is found on your hands."