DEFAMATION OD CHARACTER : A TOOL OF INTIMIDATION AND OPPRESSION IN MODERN NIGERIAN
In every society, reputation is currency. It shapes how people are perceived, trusted, and treated. Because of this, the law recognizes that false statements capable of damaging a person’s reputation must be addressed. But in Nigeria, the concept of defamation has evolved far beyond its protective purpose. It has become a WEAPON, used by the powerful to intimidate, silence, and oppress.
This article explains what defamation truly means, the types recognized under Nigerian law, the rise of criminal defamation, and how these legal tools have been manipulated to suppress the voices of ordinary citizens.
What Is Defamation of Character?
Defamation of character refers to any false statement made about a person that harms their reputation in the eyes of right‑thinking members of society.
A statement is defamatory when it:
1. Exposes a person to hatred, contempt, or ridicule
2. Causes others to shun or avoid them
3. Damages their professional or social standing
4. Injures their financial or business credibility
Defamation is an intentional tort, meaning the wrongdoer knowingly publishes harmful falsehoods.
Types of Defamation Under Nigerian Law
Nigerian law recognizes two primary forms of defamation:
1. Libel (Written or Published Defamation)
Libel involves defamatory statements that are written, printed, broadcast, or otherwise permanently recorded.
Examples include:
Newspaper articles
Social media posts
WhatsApp broadcasts
Blogs and online publications
Because written words have permanence and wider reach, libel is treated as more serious.
2. Slander (Spoken Defamation)
Slander refers to spoken words or gestures that damage a person’s reputation.
Examples include:
False accusations made during meetings
Rumors spread verbally
Statements made at rallies or public gatherings
Slander is harder to prove because it often lacks a permanent record, but it is equally actionable.
3. Criminal Defamation (A Controversial Third Category)
Although defamation is traditionally a civil wrong, Nigeria still retains criminal defamation in its legal framework.
Under the Criminal Code Act and Penal Code, a person can be arrested, prosecuted, and imprisoned for making a defamatory statement.
Criminal defamation occurs when someone publishes a false statement with intent to injure another’s reputation, and the state treats it as a crime rather than a civil dispute.
Why Criminal Defamation Is Problematic
Criminal defamation is widely criticized because it:
Gives the state power to arrest people for speech
Is vague and easily abused
Contradicts democratic principles of free expression
Creates fear among journalists and activists
Allows powerful individuals to weaponize the police
Many modern democracies have abolished criminal defamation entirely.
Nigeria has not.
How Defamation Has Been Weaponized to Intimidate and Oppress Nigerians
Defamation laws were designed to protect reputations, not to silence citizens.
But in Nigeria, they have become tools of coercion.
1. Silencing Journalists and Whistleblowers
Investigative journalists exposing corruption are often threatened with defamation suits or criminal charges.
Instead of addressing the allegations, powerful individuals:
File lawsuits to drain them financially
Use police to intimidate them
Demand retractions under duress
This tactic mirrors global SLAPP suits (Strategic Lawsuits Against Public Participation).
2. Criminalizing Free Speech
Criminal defamation provisions allow authorities to:
Arrest citizens for social media posts
Detain individuals without trial
Use police invitations as intimidation tactics
The mere threat of arrest is often enough to silence dissent.
3. Political Weaponization
During elections or political disputes, defamation becomes a strategic tool:
Opponents spread false narratives
Critics of government policies are branded as enemies
Citizens who question authority are threatened with lawsuits or arrest
This creates a climate where truth becomes secondary to political survival.
4. Social Media Intimidation
With the rise of digital platforms, defamation accusations are now used to:
Bully young Nigerians
Silence bloggers and influencers
Suppress online activism
Control public narratives
A single tweet can lead to police harassment.
5. Oppression of the Poor and Powerless
Ordinary citizens often lack the resources to defend themselves.
Powerful individuals exploit this by:
Filing frivolous defamation suits
Using police to intimidate the accused
Demanding public apologies
Weaponizing reputation to maintain dominance
In many cases, the goal is not justice, it is submission.
Why This Matters
A society where defamation is weaponized becomes:
Fearful:- people are afraid to speak
Unjust :- truth becomes irrelevant
Oppressive:— power determines who is “right”
Unaccountable:— leaders act without scrutiny
When citizens cannot question authority without fear, democracy becomes fragile.
Conclusion: Reclaiming the True Purpose of Defamation Law
Defamation laws should protect reputations not destroy freedoms.
Nigeria must move toward:
Decriminalizing defamation
Preventing abuse of police powers
Protecting journalists and whistleblowers
Educating citizens on their rights
Discouraging frivolous lawsuits
Until then, defamation especially criminal defamation will remain a convenient tool for intimidation, oppression, and the silencing of truth.
My name is Kariyai Daukoru and I am of the opinion that even if you don't plan on being an attorney, it will be wise to know the laws of the land. So when you write you write coldly and brutally within the acceptable limits of the law. No fear, no hesitation.
Kariyai Daukoru
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