It’s Time to Decriminalize Defamation in Nigeria 

In many societies, the boundaries between personal freedom of speech and the right to protect one’s reputation are carefully balanced. In Nigeria, however, defamation — whether slander or libel — remains a criminal offense, with severe consequences for those accused. It is time to reconsider this approach and shift towards decriminalizing defamation, making it a purely civil matter, as it is in many of the world’s major democracies.

The Case for Decriminalization

Criminal defamation laws were initially introduced to protect individuals from malicious harm to their reputation. However, in the modern era, they have often become tools of harassment and oppression, particularly in the hands of powerful individuals. Defamation cases are increasingly used by those in positions of power to silence critics, intimidate journalists, and subjugate less fortunate citizens.

Most developed nations, including the United States, the United Kingdom, and many European countries, have long abolished criminal defamation, opting instead for civil defamation laws. These countries focus on providing avenues for individuals who believe their reputation has been damaged to seek compensation through civil suits, rather than involving the police or criminal justice system.

The shift from criminal to civil defamation has allowed for a more balanced and equitable approach to handling reputation-related disputes. It ensures that individuals are not subjected to arbitrary arrests, prolonged detention, or unfair punishment for matters that could be resolved through civil litigation.

Abuse of Defamation Laws in Nigeria

In Nigeria, criminal defamation has been increasingly weaponized by those with influence and resources, particularly public figures and wealthy individuals. The cases of Erisco and Chioma, Burna Boy and Speed Darlington, and Afe Babalola and Dele Farotimi are just a few examples of how the criminal defamation law has been allegedly misused to silence individuals and suppress free expression.

In some cases, complainants have filed petitions, often accusing someone of making a false or damaging statement. The response, instead of being a simple legal dispute, involves the police swooping in, arresting the accused, and whisking them away to distant locations. In many instances, these individuals are detained for weeks, sometimes months, without formal charges being brought against them. The sheer inconvenience and trauma caused by these actions are disproportionate to the alleged offense.

This practice has led to an alarming trend where those in power allegedly manipulate the legal system to punish those who dare to question or criticize them. Defamation, in these cases, becomes a tool not for justice, but for maintaining control and suppressing free speech.

The Role of the Police

One of the most troubling aspects of criminal defamation is the involvement of the police in what should essentially be a private dispute. Defamation is, at its core, a disagreement about reputation, a civil matter between two parties. The idea that the police should be involved in arresting individuals over “he said, she said” disputes is deeply problematic.

When the police are called upon to investigate defamation claims, it opens the door to manipulation and potential abuse of power. Arresting someone over an alleged defamatory statement, often based on little more than the complainant’s word, is an unjust use of law enforcement resources. The police, who should be focused on public safety and crime prevention, are instead drawn into disputes that are better suited for civil courts.

It is essential to understand that defamation, like other civil matters, can be addressed through appropriate legal channels without the need for criminal intervention. If someone feels they have been defamed, they should have the right to sue for damages in a court of law. There is no need to escalate the matter into a criminal issue, nor should the police be involved in what is essentially a civil grievance.

A Call for Legal Reform

To move forward, Nigeria must revisit its stance on defamation and adopt a system that encourages civil litigation rather than criminal prosecution. This would align the country with international standards, reduce the abuse of power by the elite, and safeguard individuals’ rights to free speech and expression.

The time has come to shift the focus from punitive measures to restorative justice, where victims of defamation can seek compensation and where the police are not burdened with trivial civil matters. Such a reform would not only make the legal system more just and fair but also restore the integrity of our justice system, ensuring that it serves the public rather than protecting the interests of the powerful few.