RE-EXAMINING THE CHALLENGES OF THE LAW OF DEFAMATION IN NIGERIA

Abstract

The essence of the tort of defamation is to protect reputation. Section 39 of the 1999 Constitution of the Federal Republic of Nigeria and some international instruments on human rights have guaranteed the right to freedom of expression. The Nigerian Constitution in some ways, limited the exercise of this right under section 45 in order to ensure that the right is exercised with caution, and where the effect of the defamatory words seems to cause a breach of peace, the Police or the Attorney General may prosecute the defendant for offence of criminal libel under sections 60, 373-380 of the Criminal Code. It is disreputable to arrest a journalist over civil issues, in Nigeria; the Defamation Law has not been encouraging to the Media. Victimisation due to interests of the governments, coupled with the issue of jurisdiction, remain a critical issue and constitute an impediment to the guaranteed right to freedom of expression. Also, the distinction between libel and slander is outdated; hence most legal systems have jettisoned it. Using primary and secondary sources of law in addressing these challenges, and noting the importance of freedom of expression in promoting democratic virtues and mitigating incidents of arbitrary arrests, this paper finds some loopholes in contemporary practice and law of defamation in Nigeria and advocates having in place, comprehensive legislations on defamation designed to rectify the current systems.