Human rights lawyer, Mr Femi Falana (SAN), has called on the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi (SAN), to immediately discontinue all ongoing criminal proceedings against Nigerian citizens being prosecuted for allegedly defaming public officials.

In a letter dated June 25, 2025, and addressed to the AGF, Falana described such prosecutions as incompatible with President Bola Tinubu’s recently declared policy in defence of free expression.

He reminded the AGF that the President, in his Democracy Day address, had strongly affirmed the importance of free speech, even when it is critical or harsh.

Referring to Tinubu’s speech, Falana highlighted key excerpts, including: “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.”

Falana, writing on behalf of his law firm, which is known for defending human rights and social justice, insisted that criminal charges such as defamation are a colonial relic that contradicts Nigeria’s constitutional guarantees of free speech.

He, however, referenced the landmark decision in Nwankwo v. The State (1985), where the Court of Appeal underscored that criticism of public officeholders is essential in a democratic society and should be addressed, if necessary, through civil actions such as libel, rather than criminal prosecution.

“Those in public office should not be intolerant of criticism,” the judgment stated. “Where a writer exceeds the bounds, there should be a resort to the law of libel…”
The human rights lawyer also warned that if the AGF fails to discontinue the cases, his firm would have no option but to approach the Federal High Court to challenge the constitutionality of such prosecutions and seek judicial decriminalisation of free speech in Nigeria.