By Yemi Ayodele Ayeni Esq
We have two legal frameworks for criminal offences in Nigeria, Penal code and criminal code. Penal Code is being used in the Northern part while Criminal Code is our instrument in the Southern part of Nigeria. Considering the territorial jurisdiction of the ongoing subject matter, Criminal Code will be dissected.
Section 373 defines defamation as exposing someone to ridicule, contempt, or hatred, or damaging their reputation in their profession or trade. Defamation can be expressed in spoken words, signs, object, or legibly marked words.
Section 375: This section makes it a misdemeanour to publish defamatory matters, and a crime to publish defamatory matters knowing it to be false. The punishment for criminal defamation is up to two years in prison. ‘’any person who publishes any defamatory matter is guilty of a misdemeanour and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false, is liable to imprisonment for two years.
Sections 391-392 also classify defamation as a criminal offense.
Exception: An alleged defamer (libeller or slanderer) may not be found guilty if what he has written or said is nothing but the truth.
In another view, Cybercrimes (Prohibition, prevention etc) 2015 Act can also be invoked if social media elements are part of the defamation. It depends on the person being defamed to consider options before him.
It is equally possible for a defamed person to seek a redress in a civil manner. This is when a defamed person is seeking for a civil claim and he or she may be entitled to monetary compensation in the form of civil damages.
It is disheartening seeing Facebook lawyers on the categorical position that defamation can only be pursued via civil means. It is the prerogative of the defamed person to choose which one to follow. Example is an act of robbery or armed robbery, it doesn’t matter if it is just a stick you are holding while committing the crime, be it gun, stick or any object (it will be classified as armed robbery, and the punishment is death.Now, the suspect can be charged under Criminal Code Act, Robbery and Firearms (Special Provisions) Act or Robbery and Firearms Act.
This is just to educate and not to delve into the merit of what is going on between Dele Farotimi and Aare Afe Babalola SAN because I don’t know if Farotimi can prove the truthfulness of what he published. If those allegations are proven to be false, aside the penalty from the court, the Legal Practitioners Disciplinary Committee may sledge their hammer.
There is a difference between what the law is and what you want the law to be! To our online “lawyers”
Yemi Ayodele Ayeni Esq
