"This is settled, that in a defamation, there is no need to prove malice.

From the mere publication of a defamatory matter, malice is implied, unless the publication, was on what is termed "a privileged occasion". See the case of Adam v. Ward (1917) A.C. 309 - per Lord Finlay, L.C.

As a matter of fact, the state of the mind or mere belief is immaterial except, of course, in a privileged occasion, in which case, the plaintiff has to prove actual malice in the popular sense of the term. This is because, the law looks at the consequence of a publication and not the motive or intention of the publishers. See Akintola v. Anyiam (1961) All NLR. 508 and Atoyebi v. Odudu (1990) 10 SCNJ 52, (1990) 6 NWLR (Pt. 157) 384."

Per Ogbuagu, J.S.C. in Newbreed Org. Ltd. v. Erhomosele [2006] 5 NWLR (Pt.974) 499