Kehinde Fajobi
Former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu, has stated that defamation has been decriminalised in Ekiti, Lagos, and Edo States.
He noted that cases of libel or slander can only be pursued under civil law, not criminal law, in these states.
Speaking on Inside Sources with Laolu Akande, a Channels Television programme, Odinkalu said, “When you issue a warrant for criminal defamation in Ekiti State, there is no crime of criminal defamation in Ekiti State in 2024.
“There are three states that have decriminalised defamation; Ekiti is the third. Wale Fapounda (SAN) was the Attorney General of the state when that happened. Kayode Fayemi was the governor who signed it into law in 2021. Edo State has decriminalised criminal defamation.
“Lagos State has decriminalised criminal defamation. Ekiti State decriminalised criminal defamation in 2021.”
He criticised the handling of the case of human rights activist Dele Farotimi, who was arrested by the police in Ekiti for alleged criminal defamation.
Farotimi was accused of defaming legal icon Afe Babalola in his book, Nigeria and its Criminal Justice System.
Odinkalu argued that Farotimi’s case highlighted judicial inconsistencies.
“A magistrate asking you to bring an application for bail on a charge in which the maximum penalty is two years either has not gone to school properly or has a mission to fulfill,” he said.
Farotimi, who pleaded not guilty, was remanded for three weeks while facing similar charges in Abuja and Oyo States. Odinkalu described the prosecution as “a travesty of due process,” stating, “Every rule that can be breached has been breached.”
He pointed out that prosecutors are now citing the federal Criminal Code Act instead of Ekiti State laws.
“Now that they know that criminal defamation is not a crime in Ekiti State, the argument has mutated… The Criminal Code Act does not create any crime for the state; it lapsed as a piece of legislation for the state not later than 1967.”
Odinkalu emphasised that remedies for reputational damage exist in civil law, either as slander for oral statements or libel for written publications.
However, he noted, “The principle of law here is very clear unless we are trying to manufacture something unknown to law, in which case we should say so.”
The activist concluded by reaffirming the importance of upholding due process and ensuring accountability without circumventing established legal principles.