Retired judge criticizes criminalization of libel, calls for reform

Taiwo Taiwo, a retired justice of the Federal High Court, has condemned the criminalization of libel in Nigeria, asserting that it should remain a civil matter. He described libel as “an offence against a person, not the state” and urged its decriminalization during an interview with newsmen.

Taiwo’s remarks come amid ongoing legal battles involving human rights advocate Dele Farotimi, who faces multiple defamation charges in two courts over allegations against Afe Babalola, a Senior Advocate of Nigeria (SAN).

On December 9, the Federal High Court in Ekiti State granted Farotimi bail of ₦50 million with one surety over a 12-count cybercrime-related charge filed by the Inspector-General of Police. Days later, on December 20, a magistrate court in Ado-Ekiti granted additional bail of ₦30 million on a 14-count cybercrime charge.

“The issue of criminal libel should not even come in at all, especially given that some states have abolished it. It should be abolished as far as I’m concerned,” Taiwo said.

He expressed frustration over the judiciary’s silence when judges themselves are defamed. “Do you know how many times judges have been libelled, especially sitting judges doing their jobs, and they cannot act, they cannot talk? Those who should fight for the judiciary, in these instances, are quiet,” he remarked.

Taiwo criticized the use of criminal law in such cases, especially under cybercrime regulations, which he said “push the boundaries of criminal jurisprudence.”

“I don’t see why libel should be criminalized. It should be civil. The issue of cybercrime, it’s another terrain. You can impute criminal libel into cyberstalking,” he noted.

“As a former judicial officer and a person who has respect for the rule of law, there’s a limit to what I can say. The matter is in court. Let the courts decide,” Taiwo added.

He warned that the trend could have negative implications. “When you start using that against a person, you are moving to another terrain. The criminal jurisprudence is being put to another frontier, and it may not mean well for anybody in this country, especially those in authority, because people will term it as being dictatorial.”