1.0 Introduction
Defamation involves the act of making untrue and malicious statements against another, targeted at ruining their reputation in the society. In recent time, in Nigeria the discussion around defamation in Nigeria has become increased due to the high-profile arrest and charge[s] against Nigerian lawyer, Mr. Dele Farotimi. The issue has been described by many as an injustice – with most being critical of the manner in which he was arrested and the lawsuits [criminal and civil], filed against him.
Hence, this article will assess the topic of defamation – examining its nature, how it applies in Nigeria, and if there are any defences to a defamation in Nigeria.
2.0 What is Defamation?
The concept of defamation involves the publication or publishing of untrue information about another to the public. As a concept, defamation can be in two forms – slander; or libel. Slander is also known as calumny – involves making public statements against a person, while libel involves the publication of a statement [for written or published words].[1]
It can also be assessed as the act of making false statements which adversely affect the reputation of another – which may include persons, companies and organisations. Such statement must be assessed to reveal or lead to ridicule, contempt, or must convey information capable of causing injury to another person’s reputation, work, profession, business or trade.[2]
The act of defamation may also take place either online or offline:
2.1 Online Defamation:
Online defamation has become a new phenomenon in the social media age – with the use of blogs, and other social media sites for the publication of information. Hence, online defamation involves the publication of untrue information online [either through videos, blog posts, or online materials].[3]
2.2 Offline Defamation:
Offline defamation on the other hand involves the publication of information through regular information sharing – including books, magazines and newspapers.[4] In Ovat v. Okota,[5] the Appellant had sued the Respondent for a newspaper publication wherein it alleged that the publication was defamatory in nature. The lower court however held that the publication was not defamatory in nature. The Appeal was also determined by the Court of Appeal, and the court held that there was equally no defamation.
3.0 Defamation in Nigeria
The action of defamation in Nigeria can be actionable either through civil or criminal actions against a person alleged to have made defamatory statements.
3.1 Civil Defamation in Nigeria
Defamation in Nigeria can be actionable against a person as a civil action – in the form of a tort. It is usually action as a tort because the person who the statement has been made is seeking to acquire damages [and other civil remedies] through the courts.
it is important to note that in an action of defamation as a tort, the action may be either by way of:
- Slander: can be defined as the oral statement against another which is false, untrue, and aimed at ridiculing the reputation of the person.
- Libel: can be described as the publication of untrue information in a manner which it can be read or broadcast – for example, through newspaper, social media posts, amongst others.
There are three elements to the civil concept of defamation. The Court, in Bekee & Ors v. Bekee[6] identified the elements thus:
- The defamation was communicated to a third party [through a publication] by the defendant;
- The plaintiff has been identified by the published material; and
- The published document contains information that can be held to defamatory in nature – notwithstanding the intentionality [or lack of] on the part of the plaintiff.
Thus, the sale of a book which is said to contain libelous statements or information by the servant of a person, will be held to be a publication by the Defendant.[7]
3.2 Criminal Defamation in Nigeria
In Nigeria, the concept of defamation can also be exercised as a crime. In the Southern part of Nigeria, the applicable law is the Criminal Code, while in the North, the applicable law is the Penal Code. More importantly, both laws have sections to which persons who have defamed another may be charged before the courts.
Under the Criminal Code Act, section 373 provides that:
Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or likely to damage any person in his profession or trade by any injury to his reputation.
Such matter may be expressed in spoken words or in any audible sounds, or in words legibly marked on any substance whatever, or by any sign or object signifying such matter otherwise than by words, and may be expressed either directly or by insinuation or irony.[8]
The power to prosecute under criminal defamation however, cannot be done without the consent of the Attorney-General.[9] The Act further defines what a publication is, as well as how a publication may be defamatory in nature.[10]
On the other hand, defamation under the Penal Code Act may be found under section 391 of the Penal Code, which notes that:
whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations, makes or publishes any imputations concerning a person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said to defame that person.[11]
From the foregoing, it can be asserted that defamation can be actionable as a criminal offence – where a person [re]produces false or damaging information intending to do harm.
Thus, actions of defamation – either criminal or civil can be explored by a party who alleges that they have in one way or another been defamed. In both sets of actions however, there are condition precedents which the alleging party must ensure to prove to ensure that damages are ordered by the court [in a civil suit], or the consent of the Attorney-General to sue in a criminal suit is acquired. Lastly, the extent of defamation as an expression of the freedom under the fundamental human rights is not without any limit. Hence, any defamatory statement under the guise of freedom of expression may be actionable such a person – where it is evident that such statement was untrue, false and can damage the reputation of anothe
[1] Emmanuel Gbahaho “Criminal Liability for Defamation in Nigeria: Can Companies be Indicted for Wrongful Publications?” (Pro Share, 13 December 2024), < https://proshare.co/articles/criminal-liability-for-defamation-in-nigeria-can-companies-be-indicted-for-wrongful-publications?menu=Business&classification=Read&category=Business%20Regulations,%20Law%20%26%20Practice#:~:text=It%20is%20any%20statement%20that,in%20verbal%20or%20written%20form. > accessed 17 December 2024.
[2] Ibid.
[3] Ibid n.1.
[4] Ibid n 1.
[5] OVAT V. OKOTA (2020) JELR 109998 (CA)
[6] BEKEE & ORS V. BEKEE (2012) JELR 34675 (CA)
[7] Ibid.
[8] The Criminal Code Act, s. 373.
[9] Ibid.
[10] The Criminal Code Act, s. 375
[11] The Penal Code Act, s. 391[1].
