Arresting Citizens For "Insulting" President Is Unconstitutional And Will Be Challenged By Tope Akinyode

Tope Akinyode

The arrest of a 70-year-old man and two others for "insulting" President Muhammadu Buhari and governor of Katsina State is unconstitutional and therefore condemnable.

The point has to be made that defamation (whether civil or criminal) is private or personal in nature and public officers or government agencies are barred by law from suing for defamation.

In the case of Omega Bank Plc V Government of Ekiti State (2007) 16 NWLR (PT. 1061) 445 AT 478 - 479 PARA. E (CA), the court held that "...in view of the personal nature of libel actions, public officers have no right to sue or be sued for libel. In the instant case, the respondent being public officers had no right of action in libel". Tope Akinyode

The idea that an organ of government or public officers cannot sue for defamation is premised on the ground that state resources must never be deployed against citizens to intimidate them into silence. In Omega Bank Plc V Government of Ekiti State (Sic) the court established that, "An organ of government, that is the state or a governmental department which has corporate status may not sue for defamation. This is based on the premise that it would be a serious interference with the freedom of expression of opinion as guaranteed under section 39 of 1999 constitution if the wealth of the state derived from the state's subjects could be used to launch against those subjects for defamation because they have, falsely and unfairly as it may be, criticised or condemned the management of the country. If a right of action is granted to the government/public officer to maintain an action in libel, the constitutionally guaranteed freedom of expression will be curtailed. Thus, in the instant case, the respondents lacked the locus standi to maintain an action in the tort of defamation". This position of law was also reinforced in U.B.N. Ltd v Oredein (1992) 6 NWLR (Pt. 247) 355.

Moreover, the court held thus: "It will be against the public interest for government/public officers to use the tax paid by the people to institute actions against them in libel. If right of action is granted to the government /public officers to maintain an action in libel." the constitutionally guaranteed freedom of expression will be curtailed." The justifiability of libel actions at the instance of public offices and public institutions and the desirability of allowing public institutions/bodies to use tax payers’ money to fund libel actions against the very same tax payers were issues which were determined.

It is sad to note the rising spate of intolerance of public officers. The fact remains that in 2018, President Buhari declared that Nigerian youth are lazy, uneducated and wanting everything free. Nobody sued the President for defamation. How come government agencies are quickly launching defamation suits these days?

Against the foregoing, I hereby give the Nigeria Police Force an ultimatum of 24 hours to release the three persons arrested for "insulting" the President and governor of Katsina State. Otherwise, I shall approach the court to determine the constitutionality of the act and to enforce the fundamental human right of the victims.

Tope Akinyode is a human rights lawyer and National President of Revolutionary Lawyers' Forum

Opinion AddThis : Original Author : Tope Akinyode Disable advertisements :

from All Content
via

Dust haze weather to prevail on Thursday, December 27

- The Nigerian Meteorological agency (NiMet) predicts thick dust haze weather conditions over most parts of the country - NiMet predicts northern states would experience dust haze - The agency also predicts early morning mist/fog is expected over the coastal cities The Nigerian Meteorological Agency (NiMet) has predicted thick dust haze weather conditions with reduced visibility over most parts of the country on Thursday, December 27. NiMet’s Weather Outlook on Wednesday, December 26, in Abuja, revealed that the central region of the country would record dust haze condition with visibility range of two to five kilometres throughout the day. It added that day and night temperatures of 27 degrees Celsius to 34 degrees Celsius and 10 degrees Celsius to 20 degrees Celsius, respectively, would prevail over the region. READ ALSO: Police reportedly arrest Badeh’s alleged killers The agency predicted that the northern states would experience dust haze with visibility range of two to fi...

N2.5bn Fraud: You Have Case To Answer, Appeal Court Tells Suspended NBC Boss, Kawu

The Director General of the National Broadcasting Commission, NBC, Ishaq Kawu. The Court of Appeal, sitting in Abuja, has dismissed an appeal filed by the suspended Director-General of the National Broadcasting Commission, Dr Moddibbo Kawu, challenging the decision of the Federal High Court, to dismiss the no-case submission he filed at the lower court. The Independent Corrupt Practices and Other Related Offences Commission had charged Kawu, Lucky Omoluwa (late Chairman of Pinnacle Communications Ltd) and Dipo Onifade, Chief Operating Officer of the same company, before Justice Folashade Ogunbanjo-Giwa, on a 12-count charge of money laundering. Is'haq Modibbo Kaw THISDAYLIVE The suspended NBC boss and his co-accused then approached the appellate court to reverse the judgment of the Federal High Court. The appellate dismissed the no-case submission filed by Kawu and his co-accused and held that they had an explanation to give when he elected to facilitate the payment of ...

Buhari’s Legacy Of Recessions By Fredrick Nwabufo

Fredrick Nwabufo ‘Why always Buhari?’ As it was in 1984 under General Buhari, so it is in 2016 and 2020 under President Buhari? Is it by the unfortunate hands of kismet that recession hits Nigeria every time Buhari takes charge of the country’s affairs? If the recession of the 80s under Buhari was a conspiracy by economic and political factors, to what do we attribute that of his first coming as a civilian President — and now in his second coming? Why does pestilence scourge the land, hunger ravage the population and lives lost malevolently when Buhari presides over the country? Why always Buhari? Buhari’s undoing is his wonted predilection for hierarchising ethnicity, religion and loyalty above competence. Since 1999, no President has obtrusively shown a more nepotistic aspect than Buhari. It is unarguable that the President arrays the most competence-challenged cabinet ever in the chronicle of governance in Nigeria. Yes, a recession cabinet. Fredrick Nwabufo Here is a cabin...

EDUPEDIA247

Search This Blog