Disputes over defamation and libel tell of the complex relationship between free speech and the right to protect one’s reputation, especially in this part of the world. Conflicts such as this, often involving high-profile figures, beam the spotlight on the delicate balance between holding individuals accountable and the potential misuse of egal tools to suppress opinions or criticism of otherwise less influential citizens.
The recent case between Afe Babalola and Dele Farotimi, sparked by allegations in Farotimi’s book Nigeria and Its Criminal Justice System, offers an opportunity to reflect on how defamation claims are approached in Nigeria and the lessons they offer. Defamation laws are in place to safeguard individuals from damage caused by false and harmful statements. However, there are instances where these laws may be exploited to suppress free speech or silence opposing viewpoints. Therefore, it is crucial for Nigerians to thoughtfully assess the claims they make about others or organizations, ensuring that any accusations are based on solid, verifiable evidence, rather than personal biases or external influences.
That said, a defamation claim should not be based on the prominence of the complainant, but on concrete proof that a false statement was made with the intent to harm someone’s reputation. For the legal system to truly serve its purpose, especially in high-profile cases like this, where the stakes are higher and the potential for misuse is significant, it must remain impartial, basing judgments on facts rather than the influence or status of the parties involved.
It is important to foster a culture of accountability, where Nigerians are encouraged to distinguish between a hurtful opinion and an actionable defamation. Not every critical statement or opinion is defamatory, even if it is uncomfortable or challenging. Legal thresholds, such as malice, intent, and the falseness of a statement, should remain the guiding standards in defamation cases. Embracing these distinctions can encourage healthier discourse and reduce unnecessary legal conflicts.
Another issue is the social dynamics that often escalate minor disputes into major legal battles. In many cases, what begins as a small disagreement turns into litigation, driven by personal offense or the desire for public vindication. To address this, Nigerians should consider alternative means of resolving disputes, such as mediation, open dialogue, or reconciliation. These approaches can save valuable time and resources, and promote understanding between parties, ultimately benefiting individuals and the broader community.
The role of power and influence in defamation cases is also worth considering. In a society with deep hierarchies, those with significant power may misuse defamation claims to silence those with less influence. It is essential that Nigerian society commits to fairness and equality before the law, ensuring that defamation claims are treate impartially, regardless of the status of the individuals involved. Whether a prominent figure or an ordinary citizen, all parties should be subject to the same legal standards.
Reducing ‘frivolous’ defamation and libel cases depends on our commitment to truth, fairness, and respect for differing viewpoints. Nigerians must work to foster a culture of integrity in communication, while advocating for an unbiased and just legal system.
The Afe Babalola–Dele Farotimi case is not only a legal matter but a reflection of the broader societal values surrounding criticism, accountability, and justice. By prioritizing evidence and promoting an environment where honest and respectful dialogue is encouraged, Nigeria can build a society where reputations are protected without undermining the freedom of expression.
“Give justice to the weak and the fatherless; maintain the right of the afflicted and the destitute,” (Psalm 82:3)
Prof. Ofonime Emmanuel Bassey is a Leadership, Conflict, Peace, and Security
Management Coach with decades of experience in the practice and promotion of Law Enforcement, Peace, and Security through the Nigeria Police and the United Nations.
He has served and interacted at the top level management of the Nigeria Police as well as internationally as a United Nation’s Monitor/Mentor in Kosovo, Europe.
Ofonime is a certified United Nation’s Trainer, and currently a Professor of Leadership, Peace, and Conflict Resolution with ICOF University, USA/Zambia and a Professor of Peace Education with Charismatic International University, Cameroon.
With his marks well-established in Peace Leadership both in Nigeria and Africa, he is the President, NISSI Safety Management Institute: An Institute famous for Peace Leadership.
Presently, he is spearheading a campaign tagged “The Next Peace Leaders”, acampaign that is billed to run from 2022-2030 with a target of training 37,000 young peace leaders.
For leadership, conflict, peace and security consultations and trainings, reach him via:
Facebook: Dr. O.E Bassey
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WhatsApp: +2347065828892
Mail: emmanuelbassey@gmail.com
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