Retired Judge Calls For Decriminalisation Of Libel In Nigeria
A retired Federal High Court judge, Justice Taiwo Taiwo, has criticised the criminalisation of libel in Nigeria, advocating for its reclassification as a civil matter. Describing libel as “an offence against an individual, not the state,” Justice Taiwo urged its decriminalisation during an interview with journalists.
His comments come amidst ongoing legal proceedings involving human rights advocate Dele Farotimi, who is facing multiple defamation charges related to allegations against Senior Advocate of Nigeria (SAN), Afe Babalola.
Farotimi is currently embroiled in two separate legal cases. On December 9, the Federal High Court in Ekiti State granted him bail set at ₦50 million with one surety over a 12-count charge under cybercrime laws, filed by the Inspector-General of Police. Later, on December 20, an Ado-Ekiti magistrate court granted him additional bail of ₦30 million in relation to a 14-count cybercrime charge.
Justice Taiwo questioned the justification for treating libel as a criminal offence, especially under cybercrime laws. “The issue of criminal libel should not even come in at all, especially given that some states have abolished it. It should be abolished as far as I’m concerned,” he said.
The retired judge expressed frustration over the judiciary’s inaction in the face of defamation directed at judges. “Do you know how many times judges have been libelled, especially sitting judges doing their jobs, and they cannot act, they cannot talk? Those who should fight for the judiciary, in these instances, are quiet,” he lamented.
Justice Taiwo criticised the invocation of cybercrime laws in defamation cases, which he argued unnecessarily extend the boundaries of criminal jurisprudence. “I don’t see why libel should be criminalised. It should be civil. The issue of cybercrime, it’s another terrain. You can impute criminal libel into cyberstalking,” he said.
While acknowledging the sensitivity of ongoing legal matters, he cautioned against the broader implications of criminalising libel. “When you start using that against a person, you are moving to another terrain. The criminal jurisprudence is being put to another frontier, and it may not mean well for anybody in this country, especially those in authority, because people will term it as being dictatorial.”
Justice Taiwo’s remarks have reignited debates around Nigeria’s libel laws, with growing calls for reforms that align with democratic principles and the protection of individual rights. As the courts continue to deliberate on Farotimi’s cases, the conversation around the intersection of defamation, cybercrime laws, and freedom of expression remains at the forefront of public discourse.
