Introduction

The entire gamut of the law of defamation revolves around two forms: libel (written) and slander (oral). Carefully observing how this law operates will lead to the undeniable conclusion that people should mind their own business and avoid commenting on issues. This is not the aim of this law, and in its operation, the law merely requires that an individual making a statement about another in any form must be able to stand by that statement and defend it. This law ensures that people do not go about casting aspersions on each other in any capacity, either personally or professionally, as reputation is a commodity built over the years to certify the integrity of an individual.

Three incidents emerge to elucidate the concept discussed in this article; the first is the case of Dr. Olufunmilayo Ogunsanya and Dr Bolanle Aseyan, where Dr. Ogunsanya, a well-known Twitter doctor based in the United Kingdom, has been exonerated by the UK Medical Practitioners Tribunal Service over rape allegations made by his former partner, Dr Aseyan. The Tribunal ruled that Dr. Ogunsanya’s fitness to practice has not been impaired.

The second is the Erisco Foods case, where a Facebook user, Ms. Chioma Okoli, posted on September 17, 2023, that a tin of Nagiko Tomato Paste she purchased contained “too much sugar,” insinuating that the product was killing consumers due to its amount of sugar. Her remarks prompted a strong response from Erisco Foods (the manufacturer of the said tomatoes), which labelled the claims as false. Following a petition by Erisco Foods’ CEO, Ms Okoli was arrested, and legal proceedings between the parties have been ongoing.

Finally, the legal dispute between Chief Afe Babalola SAN and Mr. Dele Farotimi over excerpts from Mr. Farotimi’s book, “Nigeria and Its Criminal Justice System”, has reignited critical discussions on criminal defamation within the Nigerian criminal jurisprudence. The saga started in November 2024, when the learned Silk alleged that the book falsely accused him of influencing Supreme Court Justices to secure favourable judgments, thereby damaging his reputation and his firm.

Consequently, upon the learned Silk’s petition to the Nigerian Police Force, Farotimi was arrested in December 2024 and arraigned before an Ekiti State Magistrates’ Court for the offense of defamation, amongst others. However, in recent news, Chief Afe Babalola SAN has withdrawn the complaint against Mr. Farotimi after some monarchs’ intervention.

While we may not delve into the merit or otherwise of these suits, this article uses the situations as a backdrop to provide readers with an understanding of what defamation entails, its types, and the legal implications of defamation in Nigeria, including its elements and available defenses.