Defamation: It’s nature, purpose, and the use of the Nigerian Police to interfere in civil matter

Concerns have escalated in the media and political space over the arrest of Dele Farotimi, alongside a reported invasion of his law firm and harassment of his staff by alleged members of the Nigerian Police Force. As of the time of this statement, Dele Farotimi has been arraigned on a 16-count charge for alleged defamation and cybercrimes before a Magistrate Court in Ado-Ekiti, Ekiti State. After pleading not guilty, he was denied bail and remanded in prison custody, highlighting a troubling decline in the operations of our democracy.

The issues surrounding Farotimi’s arrest stem from a petition alleging defamation in his recently published book, “Nigeria and Its Criminal Justice System.” The controversy has triggered concerns about the nature of defamation, its purpose, and the role of the Nigerian Police in such matters.

Understanding Defamation

Defamation is the publication of a statement that lowers a person’s reputation in the estimation of right-thinking members of society. It is a civil wrong intended to protect an individual’s good name from being tarnished. Section 39 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees freedom of expression, including the right to hold opinions and disseminate information. However, when such expressions harm another’s reputation, defamation laws come into play.

Only a court of competent jurisdiction can determine whether a person’s reputation has been damaged, and this is done through a civil trial. In such cases, the burden of proof lies with the party alleging the defamation. The Nigerian Police have no legal authority to determine defamation through criminal investigation or prosecution.

Defamation Is a Civil Wrong, Not a Criminal Offense

Defamation, however serious, does not constitute a criminal offense under Nigerian law. It is a tortious liability that requires civil redress. The appropriate action for someone who feels defamed is to file a civil lawsuit, not to involve law enforcement. The Supreme Court affirmed this position in Aviomoh v. The Commissioner of Police & Sunday Esan (2021) JELR 109176 (SC), where it held that defamation is a civil matter.

The Nigerian Police are mandated by Sections 4 and 24 of the Police Act, 2020, to maintain law and order by addressing criminal offenses—not civil disputes. Their involvement in Farotimi’s case constitutes a clear breach of their legal mandate.

Misuse of the Nigerian Police

It is unfortunate that certain elites, who often urge citizens to “go to court” when aggrieved, resort to using the Nigerian Police as a tool of intimidation when it suits their personal interests. If any individual or entity feels defamed, the appropriate course of action is to seek redress in court—not to engage in unlawful arrests and harassment.

Call for Justice

We condemn the arrest and continued detention of Dele Farotimi, which constitutes a desecration of the Nigerian Constitution and legal system. We urge the government to act honorably and resolve this matter in the interest of justice.

Chief Ameh Peter
National Secretary, CUPP
Former National Chairman, IPAC
Ex-Presidential Candidate