What You Need to Know About Civil Defamation Under the Nigerian Law

The tort of defamation occupies a prominent place in Nigerian law, as it does in the laws of most African countries in which common law applies. The immediate post-independence period in Nigeria was characterised by vigorous political activities supported by an articulate and free press. It is significant to note that the plaintiffs in defamation action in the early 1960s included most of the leading political personalities of the time, and that there was hardly a National Newspaper which was not a defendant at least once, during that period. Read also: Criminal Defamation Under the Nigerian Law There are two types of defamation, namely libel and slander. Libel is defamation in a permanent form, the most common being written or printed words contained in, for example, a newspaper, a book, a letter or a notice while slander is defamation in a transient form, most often through the medium of spoken words or gestures. It is sometimes said that libel is addressed to the eyes, whilst slander is addressed to the ear.   REMOTENESS OF DAMAGES IN LIBEL AND SLANDER In accordance with the general tort principles, the damages complained of as a result of a defamatory statements must not be too remote. The plaintiff may recover compensation only for those consequences of the defendant’s defamatory statements which were foreseeable. It was held in a case, that if A slanders B, so that B is wrongfully (i.e. in breach of contract) dismissed from employment by C, A is not liable to compensate B for the dismissal since, being wrongful, it is too remote a consequence of slander. But this is no longer regarded as good law. The modern view is that A will be liable if B’s dismissal was the natural and probable result of slander, whether B’s dismissal by C was wrongful or not. Again, if A slanders B to C, and C repeats the slander to D, who then dismisses B, A is not liable for B’s dismissal since the damage is too remote. But A will be liable if: 1. He authorised the repetition; or 2. C had a legal or moral duty to repeat it; or 3. A should have foreseen that his slander would be repeated by C The rules of remoteness apply equally to cases of libel.   DEFENCES 1. Justification Where a defamatory statement is uttered, the plaintiff does not have to prove that it is false, for the law presumes this in his favour but if the defendant can prove its truth, he will defeat the plaintiff claim. 2. Fair comment It is a defence to an action for libel or slander that the statement complained of was fair comment on matter of public interest. It is important to preserve the fundamental right to freedom of expression, and the defence is available to those who comment “fairly” (within the legal definition) on all matters which may be said to be the legitimate concern of the public. 3. Absolute privilege Absolute privilege is a defence to an action for libel or slander, however false and defamatory the statement may be and however maliciously it may have been made. It arises in those circumstances, such as proceedings in the legislature or in a court of law, where public policy demands that persons should be able to speak or write with absolute freedom, without fear of liability for defamation. 4. Qualified privilege Qualified privilege exists for the same fundamental purpose as absolute privilege to give protection to persons who make defamatory statements in circumstances where the common convenience and welfare of society demands such protection.     About the Writer: Evans Ufeli is a lawyer and the author of acclaimed novel, ‘Without Face’. He is also an Alumni member of the Writers Bureau, Manchester, a highly sought-after conference speaker with a passion for the concept of change. He lives in Victoria Island, Lagos. You can contact him via Facebook: Evans Ufeli, Email: evanylaw@yahoo.com, Twitter: @Evansufeli and Phone: 08037712353. He blogs atwww.ethicsafrica4u.wordpress.com.