Agba Slams Defamation Laws, Calls for Reform

In a scathing critique of Nigeria’s Defamation laws, journalist and publisher of CrossRiver Watch, Agba Jalingo has called for an end to the criminalization of testification, arguing that it is a threat to freedom of speech.

In a lengthy social media post, Jalingo cited the Lagos State Criminal Law of 2011, which repealed the criminalization of defamation, making it a civil offense instead.

“The law deliberately omitted it from its provisions. In other words, defamation is still a wrong, but it is a civil wrong and no longer a criminal offense in Lagos State,” he wrote.

Jalinga also referenced a recent Supreme Court judgment, Aviomoh v. Commissioner of Police and Anor, where Justice Helen Ogunwiju, Justice of the Supreme Court, held that defamation is not a criminal offense in Lagos State.

“The world has moved on from the draconian laws of the past,” Jalinga wrote.

“It is archaic and mundane for anyone to still think that freedom of speech can or be criminalized. Just like the world has moved on from laws against sodomy, heresy, and criticism of royalty, we must move on from criminalizing free speech.”

He also referenced a UK court case, Scottow and Hayden, where Justice Warby and Lord Justice Bean ruled that freedom of speech includes the right to offend.

“Before you say or write anything about anyone, I totally agree that everyone must be mindful of the consequences, know that the courts are there. Not the police,” Jalinga emphasized.

Jalinga warned that the continued criminalization of defamation was a threat to Nigeria’s democratic space.

“We must not continue to satiate the appetite for vengeance of the elite in our society. A progressive world is removing all impediments to free speech, and a country that lays claim to being the beacon of democracy in Africa cannot continue to fling people into jail cells because of speaking or writing,” he wrote.

“The hawks are shrinking the democratic space every day, don’t think you are safe,” Jalinga warned. “It is Dele Farotimi today, it could be you or yours tomorrow.”

The lawyer’s comments have sparked a heated debate on social media, with many calling for a review of Nigeria’s defamation laws.

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Dele Farotimi: Lest We Forget…

I want to begin by appealing to your conscience that, you don’t have to like or dislike Dele Farotimi Esq, in order to agree or disagree with my opinion here. But let me try to explain something.

Like the NBA statement rightly stated, in line with global best practices, the Lagos State Criminal Law enacted in 2011 repealed the criminalization of defamation. The law deliberately omitted it from its provisions. In order words, defamation is still a wrong, but it is a civil wrong and no longer a criminal offense in Lagos State.

10 years after the enactment of the Lagos State Criminal law, in Aviomoh v. Commissioner of Police and Anor, learned Justice Helen Ogunwumiju, Justice of the Supreme Court JSC, held that defamation is not a criminal offense in Lagos State.

That is the primary reason why most “big men” in government and private sector who want to deal with their critics, always procure the Police to arrest and move them out of Lagos. That is the reason I was arrested and moved out of Lagos to Abuja by the Police for defamation trial.

No one is encouraging anyone to go around slandering or defaming anybody. It takes time to build reputation and a good name, and nobody should be permitted to ruin that, and get away with it. Not even Dele Farotimi. But the big question is this, let us assume but not concede that a person has been defamed, why should it be a criminal offense?

When the world was still supposedly backward, almost all countries, including the USA and UK, had draconian laws against sodomy (same sex union), heresy and even criticism of royalty. The punishment included death by different means. As the world progressed, all those laws have been abolished or decriminalized in most of the democratic world.

It is archaic and mundane for anyone to still think that freedom of speech can or should be criminalized. Just how? Then where is the freedom to speak? In 2020, in the Scottow and Hayden Court of Appeal case in UK, Justice Warby and Lord Justice Bean, ruled that freedom of speech includes the right to OFFEND.

Before you say or write anything about anyone, I totally agree that every one must be mindful of the consequences, know that the COURTS are there. Not the POLICE are there. You don’t always have to pass through a Police cell to get to court. Unless we don’t have confidence in our courts. We must not continue to satiate the appetite for vengeance of the elite in our society. A progressive world is removing all impediments to free speech and a country that lay claim to being the beacon of democracy in Africa cannot continue to fling people into jail cells because of speaking or writing.

I have been a victim of judicial injustice myself. It is open knowledge that many cases are won in our courts not because the prominent counsels know law, but because they know judges, and know how to funnel bribes and peddle influence. But this cartel is untouchable and cannot be criticized, lest you are treated like Farotimi.

It is always easy to defend the indefensible when you or yours are not yet victims. But we all don’t have to smell the stew before we set the table. It is Dele Farotimi today, it could be you or yours tomorrow. The hawks are shrinking the democratic space everyday, don’t think you are safe.

Yours sincerely,
Citizen Agba Jalingo.