DEFAMATION OF CHARACTER IS NOT A CRIMINAL CHARGE: RETRACTION

Good afternoon, friends.
In my post of 13th April,2015, I state that defamation of character is only civil and it is not criminal in nature and that, as a result, it is outside the jurisdiction of the police. When writing that post, I must have been overwhelmed by the fact that there is dearth of cases of criminal prosecution in the history of trying defamation cases in Nigeria.However, in the course of research recently, I  stumbled on a statutory provision that actually does not only define defamation but also goes ahead to spell out punishment for it.Accordingly, the post of 13th April, 2015, titled 'DEFAMATION OF CHARACTER IS NOT A CRIMINAL CHARGE' is hereby retracted forthwith.I sincerely apologise to my esteemed readers for this misinformation.

Section 373 of the Criminal Code Act, Cap.C38, Vol.4, Laws of the Federation of Nigeria, provides that a defamatory matter is a matter likely to injure reputation 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.

Interestingly, this definition is not different from what is regarded as defamation in the law of torts which is civil law.

Section 375 of the Criminal Code Act provides for punishment for defamatory publications.It provides ,inter alia, that 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.

It should be noted that while, in a civil action for defamation, the plaintiff is entitled to damages and other reliefs, there is no room for damages and reliefs in a criminal action for defamation. The accused person is only prosecuted, convicted and sentenced and nothing goes to the victim of the defamatory publication in a criminal action.If the victim wants reliefs in such an instance, he should institute a civil action.

It is pertinent to also note that the Criminal Code Act is restricted to the southern part of Nigeria alone.Thus, all has been discussed so far about the criminal dimension to defamation does not concern the northern part of the country.The equivalent of the Criminal Code Act in the North is the Penal Code (Northern States) Federal Provisions Act, Cap.P3, Vol.13, Laws of the Federation of Nigeria.Although no mention is specifically made of defamation in this Act, its section 418 is close to defamation as it provides for punishment of imprisonment of the maximum of three years for any person who circulates,  publicises or reproduces any statement, rumour or report which he knows or has reason to believe to be false with intent to cause or which is likely to cause fear or alarm to the public whereby any person may be induced to commit an offence against the public peace.

From the foregoing, it is very convenient to conclude that defamation is both civil and criminal (especially in the souhtern part of Nigeria)in  of Nigeria.Therefore, it is within the jurisdiction of the police to arrest and prosecute in the country, especially in the southern part, for defamatory publications.

Thank you for your attention.