Libel is a civil matter NOT criminal offence, says retired judge

Taiwo Taiwo, a retired justice of the federal high court, has criticised the criminalisation of libel in Nigeria, saying it should remain a civil matter.

Libel refers to defamatory remarks expressed in writing, while slander involves those spoken aloud; both fall under the broader category of defamation.

Speaking in an interview with Punch, Taiwo described libel as “an offence against a person, not the state,” and called for its decriminalisation.

His comments come as Dele Farotimi, a human rights advocate, faces multiple defamation-related charges in two separate courts over allegations made against Afe Babalola, a senior advocate of Nigeria (SAN).

On 9 December, the Federal High Court in Ekiti state granted Farotimi bail set at N50 million, with one surety, following a 12-count cybercrime-related charge filed by the inspector-general of police.

Days later, on 20 December, a magistrate court in Ado-Ekiti granted him an additional N30 million bail on a 14-count charge of alleged cybercrime.

“The issue of criminal libel should not even come in at all, especially given that some states have abolished it. It should be abolished as far as I’m concerned,” Taiwo said.

“When you talk of libel and people are shouting all over the place, do you know how many times judges have been libelled, especially sitting judges doing their jobs and they cannot act, they cannot talk? Those who should fight for the judiciary, in these instances, are quiet.”

He expressed concern about the growing use of criminal law in such cases, particularly under cybercrime regulations, which he said “push the boundaries of criminal jurisprudence”.

“I don’t see why libel should be criminalised. It should be civil. The issue of cybercrime, it’s another terrain. You can impute criminal libel into cyberstalking. I know when matters like these are subjudice,” the retired judge said.

“As a former judicial officer and a person who has respect for the rule of law, there’s a limit to what I can say. The matter is in court. Let the courts decide.

“As far as I’m concerned, I do not think libel should be criminalised. It’s an offence against a person, not against the state. When you start using that against a person, you are moving to another terrain,” he said.

“The criminal jurisprudence is being put to another frontier, it may not mean well for anybody in this country, especially those in authority because people will term it as being dictatorial”.