- The Issue: Criminal charges against citizens for allegedly defaming public officials.
- Falana’s Stance: These prosecutions are a no-go, clashing with President Tinubu’s pro-free speech stance.
- The Key Quote: “Democracy requires a fair degree of tolerance for harsh words and stinging insults.” – President Tinubu
- The Legal Angle: Falana cites a landmark case stating public officials should be open to criticism.
- What’s Next: If the AGF doesn’t budge, Falana’s ready to fight this in court!
Falana’s Bold Move: Stop the Free Speech Crackdown!
Femi Falana (SAN) isn’t holding back. He’s directly challenged the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi (SAN), urging him to immediately halt all ongoing criminal proceedings against Nigerians accused of defaming public officials. This is big! Falana argues these prosecutions fly in the face of President Bola Tinubu’s recent declaration championing free expression.
Tinubu’s Words vs. Actions?
In a letter dated June 25, 2025, Falana reminds the AGF that President Tinubu himself emphasized the importance of free speech during his Democracy Day address. Even when it’s critical or, dare we say, harsh! Falana quotes Tinubu: “Do not be afraid to hear an unkind word spoken against you… Democracy requires a fair degree of tolerance for harsh words and stinging insults. Call me names, call me whatever you will, and I will still call upon democracy to defend your right to do so.”
Some observers are noting a potential disconnect between these strong words and the ongoing prosecutions. Is the government truly committed to free speech, or are these just empty promises?
A Colonial Relic? Falana’s Legal Bombshell
Falana, representing a law firm known for its human rights advocacy, argues that criminal charges like defamation are outdated and contradict Nigeria’s constitutional guarantees of free speech. He points to the landmark case Nwankwo v. The State (1985), where the Court of Appeal made it clear that criticizing public officeholders is vital in a democracy. The court suggested civil actions, like libel suits, should be used instead of criminal prosecution.
Key Takeaway from Nwankwo v. The State: “Those in public office should not be intolerant of criticism… Where a writer exceeds the bounds, there should be a resort to the law of libel…”
What Happens If the AGF Refuses?
Falana isn’t backing down. He warns that if the AGF doesn’t drop the cases, his firm will head to the Federal High Court. Their mission? To challenge the constitutionality of these prosecutions and seek judicial decriminalization of free speech in Nigeria. This could set a major precedent!
The Bigger Picture: Free Speech Under Threat?
This situation highlights a broader concern about the state of free speech in Nigeria. Are public officials using defamation laws to silence dissent and criticism? Falana’s actions could be a crucial step in safeguarding the rights of Nigerian citizens to express themselves without fear of criminal prosecution.
Additional Information
- The Cybercrimes Act: There are ongoing concerns about the misuse of the Cybercrimes Act to stifle online expression. Advocates are pushing for amendments to protect free speech and unlock economic growth.
- NDLEA’s Efforts: While the focus is on free speech, other legal battles are ongoing. The National Drug Law Enforcement Agency (NDLEA) is working to combat drug abuse, with recent operations leading to numerous arrests and seizures.
- Economic Developments: Amidst the legal and social issues, Nigeria is also seeing positive economic developments, such as the resolution of the P&ID arbitration case, which is expected to boost the economy.