Social media users have started criticising well-known human rights attorney and activist Deji Adeyanju for saying that “defamation is not a crime.”
Adeyanju made this accusation following the administration of President Bola Tinubu’s arrests of journalists, human rights defenders, and whistleblowers.
The most recent example is Adejuwon Soyinka of the Premium Times, who was detained on Sunday at the Muritala Muhammed International Airport by the Department of State Service.
According to DSS spokesperson Peter Ifunnaya, a request from another government agency led to his arrest.
Nevertheless, he was freed after being held for six hours.
After the International Press Institute Nigeria intervened, he was freed.
The agency confiscated his passport as part of his bail requirements and demanded that he give his legitimate Nigerian address and a contact phone number that he can use to get in touch with him at any time.
However, reacting to what Adeyanju described as the recent abduction of journalists by the DSS, the rights activist wrote on his X handle on Sunday evening, “Defamation is not a Crime. Ignore the Twitter lawyers and the tyrants in power. We must say no to the tyranny of the Tinubu regime.”
In another post, he wrote, “Defamation is not a crime.”
Following the post, netizens have taken to their handles to water down his stance as being unconstitutional while questioning his Law degree from Baze University, Abuja.
One user who tweeted with the handle Timeless Femmy on X sarcastically wrote, “This guy studied law at Ibadan Poly.”
Another user on X.com with a handle, Basit said, “Defamation is a crime in Nigeria. It can be addressed both as a civil wrong (tort) and as a criminal offence under Nigerian law.
“Civil Defamation: Under civil law, a person can sue for damages if they believe they have been defamed. The goal here is typically to seek monetary compensation for harm done to one’s reputation.
“Criminal Defamation: Defamation can also be prosecuted as a crime under the Nigerian Criminal Code (applicable in Southern Nigeria) and the Penal Code (applicable in Northern Nigeria). Criminal defamation is punishable by imprisonment, fines, or both. The laws are designed to protect individuals and entities from false statements that can harm their reputations.
“Both slander (spoken defamation) and libel (written defamation) are considered under these laws.”
“Are you sure you’re a lawyer?” another user with the handle Star Boy queried.
One Alli Olabisi said, “Could this type of statement be the reason why Law has been put on hold at Baze University? Lawyer Deji.”
“‘Bazeless’ University law graduate, we heard you ooh but would it not have been ideal you approached the Court and stop attempting to be an X app lawyer?” Sam Adeyemi opined.
One Lateef Muritala stressed, “Defamation can be a crime in some countries, depending on the specific laws of each jurisdiction. In general, defamation refers to the communication of false statements that damage a person’s, group’s, or entity’s reputation.”
“This your evening or night degree will surely send some of your clients to prison. Lawyer isonu,” another user with handle, King Skarz, wrote.
Meanwhile, The PUNCH findings revealed that the Criminal Code Act 1990 condemns defamation in all spheres.
Section 375 of the act with the sub-heading, “Publication of Defamatory Matter’ reads, “Subject to the provisions of this chapter, 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.”
Also, Section 391 of the Nigerian Penal Code states, “Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm or knowing or having reasons to believe that such imputations will harm the reputation of such person, is said … to defame that person.
Articles 512–514 of the Nigerian Criminal Code also succinctly put defamatory matter as a matter likely to injure the representation of any person by exposing him to hatred, contempt, or ridicule or likely to damage any person in his profession or trade by an injury to his reputation.
It, however, pegged such matters as those that may be expressed in spoken words or in any audible sounds, or in words legibly marked on any substance whatever, or by any sign or object signifying such matters otherwise than by words, and may be expressed whether directly or by insinuation or irony. It is immaterial whether, at the time of the publication of the defamatory matter, the person concerning whom such matter is published is living or dead.