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Farotimi: Libel not criminal offence, says retired Justice Taiwo Taiwo

By Kareem Azeez
02 January 2025   |   4:32 pm
A retired Justice, Taiwo Taiwo, has weighed in on the ongoing legal battles involving human rights lawyer Dele Farotimi, asserting that libel should not be treated as a criminal offence. Justice Taiwo, a former Federal High Court judge, described libel as a personal matter that ought to remain within the realm of civil law. Taiwo…
Dele Farotimi

A retired Justice, Taiwo Taiwo, has weighed in on the ongoing legal battles involving human rights lawyer Dele Farotimi, asserting that libel should not be treated as a criminal offence.

Justice Taiwo, a former Federal High Court judge, described libel as a personal matter that ought to remain within the realm of civil law.

Taiwo stated that libel is an offence against a person, not the state, while emphasising that it should not be criminalised.

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He highlighted the increasing use of cybercrime laws to prosecute defamation, warning that such actions could harm Nigeria’s democratic values.

Farotimi is currently facing defamation charges in two separate courts over allegations against Afe Babalola, a Senior Advocate of Nigeria (SAN). He has been granted bail totalling ₦80 million across the cases.

Justice Taiwo criticised the criminalisation of libel, noting that many states have abolished the practice.

“When you start applying criminal law to defamation, it pushes criminal jurisprudence into uncharted and potentially dangerous territory,” he said.

The retired judge also highlighted the risk of abuse, stating, “This could lead to perceptions of authoritarianism, especially when such laws are used to silence dissent or criticism of those in authority.”

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