Netizens on social media platforms have begun to knock popular activist and human rights lawyer, Deji Adeyanju, over his “defamation is not a crime” comment.
Adeyanju’s claim came after the arrest of journalists,
whistleblowers, and human rights defenders by President Bola Tinubu’s
administration.
The recent being Adejuwon Soyinka of the Premium Times who
was arrested by the Department of State Services at the Muritala Muhammed
International Airport on Sunday.
His arrest, according to DSS spokesperson, Peter Ifunnaya,
was based on a request from another government agency.
Although he was released after six hours in detention.
His release followed the intervention of the International
Press Institute Nigeria.
As part of his bail conditions, the agency seized his
passport and asked him to provide his Nigerian address and reliable phone
number through which he can be reached anytime in Nigeria.
However, reacting to what Adeyanju described as the recent
abduction of journalists by the DSS, the rights activist wrote on his X handle
on Sunday evening, “Defamation is not a Crime. Ignore the Twitter lawyers and
the tyrants in power. We must say no to the tyranny of the Tinubu regime.”
In another post, he wrote, “Defamation is not a crime.”
Following the post, netizens have taken to their handles to
water down his stance as being unconstitutional while questioning his Law
degree from Baze University, Abuja.
One user who tweeted with the handle Timeless Femmy on X
sarcastically wrote, “This guy studied law at Ibadan Poly.”
Another user on X.com with a handle, Basit said, “Defamation
is a crime in Nigeria. It can be addressed both as a civil wrong (tort) and as
a criminal offence under Nigerian law.
“Civil Defamation: Under civil law, a person can sue for
damages if they believe they have been defamed. The goal here is typically to
seek monetary compensation for harm done to one’s reputation.
“Criminal Defamation: Defamation can also be prosecuted as a
crime under the Nigerian Criminal Code (applicable in Southern Nigeria) and the
Penal Code (applicable in Northern Nigeria). Criminal defamation is punishable
by imprisonment, fines, or both. The laws are designed to protect individuals
and entities from false statements that can harm their reputations.
“Both slander (spoken defamation) and libel (written
defamation) are considered under these laws.”
“Are you sure you’re a lawyer?” another user with the handle
Star Boy queried.
One Alli Olabisi said, “Could this type of statement be the
reason why Law has been put on hold at Baze University? Lawyer Deji.”
“‘Bazeless’ University law graduate, we heard you ooh but
would it not have been ideal you approached the Court and stop attempting to be
an X app lawyer?” Sam Adeyemi opined.
One Lateef Muritala stressed, “Defamation can be a crime in
some countries, depending on the specific laws of each jurisdiction. In
general, defamation refers to the communication of false statements that damage
a person’s, group’s, or entity’s reputation.”
“This your evening or night degree will surely send some of
your clients to prison. Lawyer isonu,” another user with handle, King Skarz,
wrote.
Meanwhile, The PUNCH findings revealed that the Criminal
Code Act 1990 condemns defamation in all spheres.
Section 375 of the act with the sub-heading, “Publication of
Defamatory Matter’ reads, “Subject to the provisions of this chapter, any
person who publishes any defamatory matter is guilty of a misdemeanour and is
liable to imprisonment for one year; and any person who publishes any
defamatory matter knowing it to be false is liable to imprisonment for two
years.”
Also, Section 391 of the Nigerian Penal Code states,
“Whoever by words either spoken or reproduced by mechanical means or intended
to be read or by signs or by visible representations makes or publishes any
imputation concerning any person intending to harm or knowing or having reasons
to believe that such imputations will harm the reputation of such person, is
said … to defame that person.
Articles 512–514 of the Nigerian Criminal Code also
succinctly put defamatory matter as a matter likely to injure the
representation of any person by exposing him to hatred, contempt, or ridicule
or likely to damage any person in his profession or trade by an injury to his
reputation.
It, however, pegged such matters as those that may be
expressed in spoken words or in any audible sounds, or in words legibly marked
on any substance whatever, or by any sign or object signifying such matters
otherwise than by words, and may be expressed whether directly or by
insinuation or irony. It is immaterial whether, at the time of the publication
of the defamatory matter, the person concerning whom such matter is published
is living or dead.
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