DEFAMATION: ITS NATURE, PURPOSE AND THE USE OF NIGERIAN POLICE TO INTERFERE IN CIVIL MATTERS

Concerns are heated up in the media and political space over the arrest of Dele Farotimi and a purported invasion of his law Firm and harassment of lawyers and staff within the premises by alleged members of the Nigeria Police force. As at the time of making this statement, Dele Farotimi have been arraigned on a 16 count charge for alleged Defamation and Cybercrimes before a Magistrate Court sitting in Ado-Ekiti, Ekiti State, and upon arraignment having pleaded not guilty to the charges, he was denied bail and remanded in prison custody in Ekiti state. This goes to show a steep level of decadence in the operations of our modern day democracy.

Issues surrounding the said arrest are not farfetched. The unsavory action having been activated by a petition against Dele Farotimi alleging defamation in his just published book: “Nigeria and its criminal Justice system”. The said book, having triggered a chain of controversies and petitions and the subsequent involvement of the Nigerian Police Force raises pertinent issues as to what amounts to defamation, its nature, purpose and the involvement of the Nigerian Police in resolving issues connected thereto.

Essentially, Defamation is a publication of a statement which lowers a person in the estimation of right thinking members of the society or which alters their view of such person who is the object of the publication in negative lights.

The purpose of the defamation as a civil wrong is to protect the good reputation of a person from being damaged by another person in the exercise of their rights as enshrined in section 39 of the 1999 constitution of the Federal Republic of Nigeria (As Amended). The above sections provides for freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. This is where the laws for Defamation take the reigns. In furtherance of this purpose, it is the duty of the court sitting in a civil jurisdiction to determine whether your reputation has been damaged in the estimation of right thinking persons. This ought to be done by testing the truth of the statements through a civil trial where there will be an examination of the statement before the court and the burden of proof will be allowed to shift to whoever alleges a fact to prove. The Police lack such authority and capacity to via a criminal investigation or prosecution determine the ingredients of defamation.

Defamation, however serious it can be, does not give rise to criminal liability. The purpose of Defamation being a civil tortious liability can only be properly achieved by escalating such to a court of competent jurisdiction by filing a civil action for defamation. This is the only place saddled with the task of granting redress to citizens who feel they have been defamed by a statement or publication and not the Nigerian Police or any other law enforcement agency.

The Nigerian Police is a Law enforcement tasked with maintaining law and order with authority over criminal investigations and prosecution which defamation has ceased to be a part of it. The offence of defamation with specifics to libel which Dele Farotimi is alleged to be guilty of is not recognized as a criminal offence in the Laws of Nigeria. This puts Defamation out as a civil wrong and not a criminal offence. This position has been affirmed by the Supreme Court in AVIOMOH V. THE COMMISSIONER OF POLICE & SUNDAY ESAN. (2021) JELR 109176 (SC)

It is unbecoming of the Nigerian police to participate in civil disputes which have become the order of the day in our nation. The involvement of the Nigerian Police in matters of this nature is clearly in breach of Sections 4 and 24 of the Police Act, 2020 which mandates the Police to act only in conducts that constitute a criminal offence in the preservation of the rule of law.

In this Nation, we are conversant with scenarios where the Elites have spearheaded the cliche slogan “Go to Court”, while urging citizens to seek redress for any alleged wrong doings against them. However, in cases touching on their own person and interest, they suddenly seek to engage the Nigerian police as a tool of intimidation and oppression the masses when they feel aggrieved. What happened to the notion they have tried to propagate in the populace? If a person or company feels aggrieved, such grievance ought to be escalated to the right quarters for the proper action and not arrests and harassment by the Nigerian police. Hence, it is my submission that a civil wrong as allegedly committed by Dele Farotimi should be treated in court, whoever is agreed should “Go to court”.

We condemn the arrest of Dele Farotimi. The continuous detention of Dele Farotimi will only amount to a desecration of the Nigerian Constitution and the Nigerian Legal system. I urge the Government to toe the part of honour and remedy this situation in the interest of justice.

CHIEF AMEH PETER
NATIONAL SECRETARY, CUPP.

FORMER NATIONAL CHAIRMAN IPAC.

EX PRESIDENTIAL CANDIDATE.