O’Tega Ogra, President Tinubu’s Senior Special Assistant on Digital/New Media, has disputed Deji Adeyanju’s assertion that defamation is not a crime.
Adeyanju, a well-known activist and human rights lawyer, made this claim after the arrest of several journalists and whistleblowers by the administration.
The recent arrest of Adejuwon Soyinka, a journalist from Premium Times, highlights this controversy. The Department of State Services (DSS) detained Soyinka at Muritala Muhammed International Airport on Sunday.
According to DSS spokesperson Peter Ifunnaya, another government agency requested the arrest.
Although the DSS released Soyinka after six hours, they confiscated his passport and required him to provide a reliable Nigerian address and phone number. This was part of his bail conditions.
Reacting to Adeyanju’s description of the arrests as abductions, Ogra took to X (formerly Twitter) to challenge the activist’s statement that “defamation is not a crime.”
Ogra cited sections of the Penal Code, Criminal Code Act, and Cybercrimes Act to clarify that defamation remains a crime in Nigeria.
Ogra emphasised that defamation infringes on the right to human dignity and can result in both criminal and civil cases. He urged the public to understand the laws governing defamation, underscoring that ignorance of the law is no excuse.
He wrote:
I came across news about a newly minted lawyer stating that defamation is not considered a crime in Nigeria. However, under the law, ignorance is not an excuse. It’s crucial for everyone to be aware of the relevant laws, including:
– Section 391-395 of the Penal Code Law (Northern States and Abuja)
– Section 373-381 of the Criminal Code Act
– Cybercrimes ActDefamation violates the constitutional right to human dignity of the person being defamed. Another important point to note is that in Nigeria, both criminal (e.g., defamation reported to the police and then taken to court) and civil cases (legal action taken by the aggrieved party without involving the police) can occur simultaneously.
Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator and a recipient of the D9112 Superstar Icon Award, who writes ruthlessly about pop culture, religion, politics and entertainment.
