Nigeria Defamation Laws: Civil, Criminal & Defences

Defamation in Nigeria is both a civil wrong and a criminal offence. A claimant can sue in tort for libel or slander, and the same conduct can be prosecuted under the Criminal Code (southern states), the Penal Code (northern states), or, for online statements, section 24 of the Cybercrimes Act 2015 as amended in 2024.

Is defamation civil or criminal in Nigeria?

Defamation in Nigeria is both. As a civil wrong it is the tort of defamation, divided into libel (permanent forms such as writing, print and online posts) and slander (spoken words). A person whose reputation is harmed can sue for damages and an injunction. The same statement can also lead to criminal liability. In the states that apply the Criminal Code (broadly the south), sections 373 to 381 create the offence of defamation. In the states that apply the Penal Code (broadly the north), sections 391 and 392 do the same. Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, which was amended in 2024, is widely used to prosecute defamatory or insulting messages sent online. This dual civil and criminal exposure means a single publication in Nigeria can give rise to both a damages claim and a prosecution.

What counts as defamation?

Under Nigerian law a statement is defamatory if it tends to lower a person in the estimation of right-thinking members of society, or to expose them to hatred, contempt or ridicule, or to injure them in their office, profession or trade. Section 373 of the Criminal Code defines defamatory matter in similar terms, covering imputations published by spoken words, writing, signs or visible representations, whether expressed directly or by insinuation or irony. To succeed in a civil claim the plaintiff generally must prove that the words were defamatory, that they referred to the plaintiff, and that they were published to a third party. For libel the law presumes damage, so the claim is actionable without proof of actual loss. For slander the plaintiff usually must prove special damage, except in established categories such as imputing a crime, a contagious disease, or unfitness for a profession or trade.

Criminal defamation: penalties

Nigeria retains criminal defamation in its two main penal codes, although enforcement against journalists and critics has drawn criticism from the ECOWAS Court and press-freedom monitors.

Watch out: Section 24 of the Cybercrimes Act has frequently been used to arrest journalists, bloggers and social media users over critical posts. In a 2022 judgment the ECOWAS Community Court of Justice found the original section incompatible with freedom of expression and ordered Nigeria to amend it, which the National Assembly did in 2024.

What defences are available?

Nigerian civil law recognises the standard common-law defences to defamation. Justification, meaning that the statement is substantially true, is a complete defence to a civil libel or slander claim. Fair comment protects an honestly held opinion, based on true facts, on a matter of public interest, provided it is not made with malice. Privilege protects statements made on certain occasions: absolute privilege covers, for example, statements in court and in the National Assembly, while qualified privilege covers statements made in the performance of a legal, social or moral duty to someone with a corresponding interest, again subject to the absence of malice. Consent and a published apology can also be relevant. For the Criminal Code offence, the defence of truth generally requires the defendant to show both that the matter is true and that its publication was for the public benefit.

Remedies and damages

In a civil claim the principal remedy is damages, awarded to compensate for the injury to reputation and to vindicate the claimant. Nigerian courts can award general damages, which are presumed in libel, and special damages where actual financial loss is proved. There is no statutory cap, and superior courts have on occasion awarded large sums in serious cases, although appellate courts may reduce awards they consider excessive. A court can also grant an injunction to restrain the continued publication of defamatory material, and a claimant may seek a retraction or apology. In criminal proceedings the outcome is conviction and sentence under the relevant code rather than compensation to the complainant.

Limitation period

The time limit for bringing a civil defamation action in Nigeria is governed by the limitation legislation of the relevant state rather than by a single federal statute, because defamation is a tort and limitation is a state matter. Many states fix the period for tort actions, including defamation, at a set number of years from the date the cause of action arose, and some media-specific or state limitation laws apply shorter periods. Because the limitation period therefore depends on where the claim is brought, a claimant should check the limitation law of the particular state in which the High Court action will be filed before issuing proceedings.

Online and social media defamation

Defamatory statements posted online are treated as libel for civil purposes and can also attract criminal liability. The most prominent criminal route is section 24 of the Cybercrimes Act 2015, which criminalises sending messages through a computer system that the sender knows to be false for the purpose of causing harm, and similar conduct often described as cyberstalking. After the 2024 amendment, the section is meant to focus on false messages that threaten life or public order, narrowing the earlier wording that had been used broadly against online critics. A defamed person can still bring an ordinary civil libel claim over a tweet, Facebook post, WhatsApp message or blog, and courts can order damages and the removal of the material. Repeating or resharing a defamatory post can also create liability.

How a defamation claim is brought

A civil defamation claim is filed in the State High Court (or the Federal High Court where its jurisdiction applies), usually beginning with a letter demanding an apology, retraction and damages. If the dispute is not resolved, the claimant issues a writ or originating process pleading the defamatory words, their meaning, the reference to the claimant and the publication, and the defendant files a defence raising justification, fair comment or privilege as appropriate. Criminal defamation is prosecuted by the State or the police under the applicable code or the Cybercrimes Act, and a complainant generally reports the matter to the police rather than instituting the prosecution personally. Where the priority is to stop ongoing harm, a claimant can seek an interlocutory injunction.