Criminal Defamation through a Constitutional Lens: A Critical Evaluation.

This study evaluates right to freedom of expression as guaranteed by the Nigerian constitution. This right is sacrosanct; however, it is not absolute. There are restrictions and exceptions to this right and it is found in the law of defamation in the constitution, as well as other laws that regulate the media and other forms of expression. Doctrinal legal research method is adopted for this research. This desk-based study largely relies on primary and secondary sources of law in Nigeria. The primary sources include case law, treaties and statutes. Secondary sources of information include textbooks, journal articles, news articles as well as other materials accessed from the internet. This study finds that there are two types of defamation in Nigeria; civil defamation and criminal definition. It also finds that law is being used as a tool to limit freedom of expression, particularly by public figures, thereby stopping those in power from being held accountable for their actions. This study concludes that by understanding the complexities of the law of defamation and its application in Nigeria, individuals can navigate the challenges of exercising their right to freedom of expression while also protecting the rights of others to protect their reputation. It is important to balance these two-competing interest in order to promote democratic governance, accountability and responsible journalism

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-12-18
DOI
https://doi.org/10.5281/zenodo.17973665
Primary Topic
Freedom of Expression and Defamation
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Defamation through a Constitutional Lens: A Critical Evaluation.

Zenodo (CERN European Organization for Nuclear Research)
Freedom of Expression and Defamation
article

Criminal Defamation through a Constitutional Lens: A Critical Evaluation.

article en

Abstract

This study evaluates right to freedom of expression as guaranteed by the Nigerian constitution. This right is sacrosanct; however, it is not absolute. There are restrictions and exceptions to this right and it is found in the law of defamation in the constitution, as well as other laws that regulate the media and other forms of expression. Doctrinal legal research method is adopted for this research. This desk-based study largely relies on primary and secondary sources of law in Nigeria. The primary sources include case law, treaties and statutes. Secondary sources of information include textbooks, journal articles, news articles as well as other materials accessed from the internet. This study finds that there are two types of defamation in Nigeria; civil defamation and criminal definition. It also finds that law is being used as a tool to limit freedom of expression, particularly by public figures, thereby stopping those in power from being held accountable for their actions. This study concludes that by understanding the complexities of the law of defamation and its application in Nigeria, individuals can navigate the challenges of exercising their right to freedom of expression while also protecting the rights of others to protect their reputation. It is important to balance these two-competing interest in order to promote democratic governance, accountability and responsible journalism

Zenodo (CERN European Organization for Nuclear Research)
McPherson University (NG)
Peace, Justice and strong institutions
Openalex Percentile: Top 22%
Freedom of Expression and Defamation
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Criminal Defamation through a Constitutional Lens: A Critical Evaluation. · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS