Embassy-Oseni Momodu
Under the Nigerian law, defamation of character is a long-established legal doctrine designed to protect individuals from false statements that damage their reputation.
In our legal justice system, it exists both as a civil wrong—where victims seek damages—and as a criminal offence under statutes such as the Criminal Code and Cybercrime laws. While the principle appears straightforward, its modern application, especially in the age of social media has raised serious concerns about misuse, particularly where wealthy or influential individuals are involved.
What constitute defamation? Defamation arises when a person publishes a false statement that lowers another in the estimation of society. Traditionally, the law distinguishes between libel (written or published statements) and slander (spoken words). With the rise of digital platforms, however, most alleged defamatory acts now fall within libel, as posts on Facebook, X (Twitter), Social Media blogs, and WhatsApp messages are considered permanent publications.
Recent developments in Nigeria reveal a troubling pattern. Defamation complaints are increasingly on the rise leading not just to civil lawsuits, but to arrests and detention of suspects. In principle, defamation should primarily be a civil matter. That is- it should be resolved through damages or retractions. Yet, in practice, law enforcement agencies including DSS, Police, Army, etc. are often invoked at the instance of powerful complainants.
For example, today at the Federal High Court Abuja, one Justice Crack, blogger was arraigned by DSS operatives following the circulation of alleged false publication on social media about about the Nigerian Army atrocities. A similar libelous allegations were directed at billionaire businessman Tony Elumelu in recent times. The posts reportedly alleged a divorce involving him and his wife, which his organization described as false and defamatory. The matter is currently ongoing with law enforcement agents,
This incident is not isolated. Nigerian social activist, Omoyele Sowore, Blord, Vincent Ose have faced multiple arrests linked to allegations of defamation and cyberbullying arising from his online posts.
Similarly, lawyer and author Dele Farotimi was arrested following claims that his published work defamed a prominent legal figure, sparking nationwide protests and debates about free speech.
Even journalists have not been spared. In just this year (2026) alone, several Nigerian journalists had been detained for weeks on allegations tied to defamation and cyberbullying connected to a social media publication, with press freedom groups condemning the arrest as intimidation and oppression. These cases highlight a growing tension between two important legal values: protection of reputation and freedom of expression guaranteed under our laws.
While the law must protect individuals from harmful falsehoods, it must also guard against the suppression of legitimate criticism, dissent, or opinion, especially in a democratic society like Nigeria.
Critics argue that the involvement of police in defamation disputes—particularly those arising from online speech—creates a chilling effect. Nigerian online users and social commentators may become reluctant to express opinions or expose wrongdoing for fear of arrest. This concern is amplified when complainants are wealthy, politically connected, or socially influential, as their access to state machinery can tilt the balance of justice.
From a legal standpoint, the use of criminal law in defamation matters is controversial. Many jurisdictions around the world have shifted from criminal defamation, recognizing that imprisonment is a disproportionate response to reputational harm. In Nigeria, however, criminal defamation laws remain in force, and are often reinforced through the Cybercrime Act, which has been criticised for its broad provisions.
Importantly, not every arrest in a defamation case is unlawful. Where statements are clearly false, malicious, and damaging, the law provides remedies. However, the mode of enforcement matters. Arrest and detention, especially without prompt arraignment can violate constitutional rights, including the right to personal liberty and fair hearing of individuals. The broader issue, therefore, is not merely defamation itself, but how the law is applied. When legal processes are deployed disproportionately or selectively, they risk becoming tools of intimidation rather than justice.
In conclusion, defamation law in Nigeria sits at a critical crossroads. The digital age has amplified voices, but it has also increased the stakes of reputational harm. A balanced approach is essential, one that protects individuals from false attacks while safeguarding the fundamental right to free expression. Without such balance, the law risks serving power rather than justice.