Ladies and Gentlemen, Distinguished guests, esteemed colleagues, and friends of the Bar.

It is both an honor and a privilege to stand before you today as the Chairman of the Nigerian Bar Association, Ilorin Branch, during this significant public lecture in honor of a remarkable legal mind, Chief Taiye Oniyide, SAN. Chief Oniyide is not just a senior lawyer; he is a friend of the Bar whose contributions to the legal profession and society are truly commendable.

Today, we gather to discuss a pressing issue: “The Criminalisation of Defamation; A Challenge to Freedom of Expression under the Nigerian Constitution.” This topic is particularly timely as it touches upon the delicate balance between protecting individual reputations and upholding the fundamental right to freedom of expression.

As we navigate the complexities of our legal framework, it is imperative that we consider how the criminalization of defamation can impact our democratic principles and societal discourse. We must strive for a legal system that safeguards both the dignity of individuals and the freedom of speech that is vital to a thriving democracy.

The criminalisation of defamation in Nigeria presents a significant challenge to the fundamental right of freedom of expression as enshrined in the Nigerian Constitution.

Defamation, whether spoken or written, involves the communication of false statements that harm the reputation of an individual or entity. While protecting reputations is an important aspect of societal governance, the approach taken to criminalise defamation raises concerns regarding the potential suppression of free speech.

In Nigeria, laws that criminalize defamation can lead to serious consequences, including imprisonment and hefty fines. Such punitive measures can create a chilling effect, discouraging individuals from exercising their right to express opinions or critique public figures, government actions, and societal issues. This is particularly alarming in a democratic society, where open discourse is essential for accountability, transparency, and progress.

The Nigerian Constitution guarantees freedom of expression which allows individuals to express their thoughts, beliefs, and opinions freely. However, the existence of criminal defamation laws creates a tension between protecting individual reputations and fostering an environment where free speech can thrive. In my view, the criminalisation of defamation can be misused as a tool for oppression, allowing powerful individuals and entities to silence dissenting voices and stifle debate.

Moreover, international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), advocate for the decriminalization of defamation, emphasizing that civil remedies are often sufficient to address reputational harm without infringing on freedom of expression.

In conclusion, while the protection of reputation is a valid concern, the criminalisation of defamation poses a significant challenge to freedom of expression under the Nigerian Constitution. It is essential for legal reform to strike a balance that upholds individuals' rights while promoting a culture of open dialogue and accountability in a democratic society. This ongoing discourse is vital for ensuring that the laws governing defamation align with the principles of justice, democracy, and human rights.

Thank you sir