Application of the Laws of Defamation and Sedition in Nigeria’s Jurisprudence: Still Relevant?
Abstract
The prevalence of defamatory and seditious statements in Nigeria prompts some degree of investigation. These actions typically occur on the platforms of radio, television, public debates, political meetings as well as other public gatherings Moreover, several persons indulge in this illegality under the ‘guise’ of exercising their constitutional right of expression. The objective of this paper is to ascertain the continued relevance of the law of defamation and sedition in Nigeria, coupled with a need to overhaul the legal framework in this respect. Hence, due engagement with mass media organizations and civil society groups provides a veritable mechanism to mitigate incidences of defamation and sedition.
References
[2] Malemi, E. 2009. Mass Media Law and Press Law. Princeton Publishing Co, Ikeja, Lagos, 3rd Edition
[3] Udofa, I. J. 2011. The Law of Defamation in Nigeria. International Journal of Advanced Legal Studies and Governance, 2(1): 76.
International Conventions:
*** Article 19 of the Universal Declaration on Human Rights.
*** Article 9 of the African Charter on Human and Peoples Rights.
*** The United Nations Convention on the Elimination of All Forms of Racial Discrimination.
Statutes:
*** Section 39 (1) (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
*** Section 45(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
*** Section 373 of the Criminal Code, Laws of the Federation of Nigeria, 2004.
Decided Cases:
*** Nsirim v. Nsirim (2001) FWLR (Pt. 96) P.433.
*** Sketch Publishing Co.Ltd .v. Ajagbemokeferi (1989) 1 NWLR Pt.100, P.678 SC.
*** Oloyede v. Sketch Publishing Co. Ltd. (1977) 1 OYSC (Pt.2) 255
*** Godfery v. Demon Interne Ltd (1999)4 ALL ER 342.
*** Independent Newspapers v. Idiong (2011) 46 WRN 99
*** Asiwaju Bola Ahmed Tinubu v. Daar Communications PLC Suit No: ID/196GCMW/2015 (unreported)
*** Guardian Newspaper Ltd v. Ajeh (2005) 12 NWLR (Pt 938) 205 at 229.
*** Ejabulor v. OSHA (1990) 5 NWLR (Pt 148) 1 at 20
*** Iwueke v. I.B.C (2005) 17 N.W.L.R (Pt. 955) 447 at 482 p, 483 p. E-F
*** Ayeni v. Adesina (2007) 7 NWLR (Pt.1033) 233.
*** Concord Press (Nig) Ltd v. Olutola (1999) 9 NWLR (Pt 620) 578 at 595
*** Punch Nig Ltd and Anor v. Eyitene (2001) 17 NWLR (Pt 741) p. 228 at 255
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