NIGERIAN LEGAL SYSTEM AND DEFENCES AVAILABLE IN DEFAMATION SUIT

Abstract

The basis of the tort of defamation is that every person has a right to the Protection of his good name, reputation and the estimation in which he stands in the society of his fellow citizens. Therefore, anybody who publishes anything injurious to that good name, reputation or estimation commits the tort of libel if written and slander if oral, which ultimately is referred to as defamation. Within the Nigerian legal system, the tort of defamation occupies a central role in the protection of personal reputation, balancing the individual’s right to dignity. Defamation under Nigerian law, whether libel or slander, requires proof of a false and injurious statement published to a third. However, the law also recognizes a range of defences that safeguard free speech and prevents abuse of defamation claims. These defences are justification, fair comment, absolute and qualifies privilege. This study examines the structure of the Nigerian legal system through the cases and the scope and limitations of these defences. The work adopts doctrinal method of research, collected data from statutes, case laws, articles and other sources. It concludes that the defences play crucial role in ensuring the protection or safeguard against the misuse of defamation claims as instrument of oppression in the hands of the strong and mighty. The work recommends for public awareness campaigns to educate citizens, journalists on the limits of defamation law and mass media due diligence before the publication of any material information.defamation