Femi Falana

 By Femi Falana 

It was widely reported in the media last week that Senator Natasha Akpoti-Uduaghan had been charged with criminal libel by the office of the Attorney-General of the Federation for allegedly defaming the Senate President, Senator Godswill Akpabio in a recent television programme.

We call on the Federal Government to withdraw the  charge of criminal libel filed against the embattled Senator as it constitutes a contravention of her fundamental right to freedom of expression guaranteed by Section 39 of the Constitution and article 9 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act Cap A9 Laws of the Federation of Nigeria, 2004.

Once again,  we are compelled to draw the attention of the Federal Government to the case of Arthur Nwankwo v. The State (1985) 6 NCLR 228 where the Anambra State High Court convicted and sentenced the appellant to one year imprisonment for publishing a book which had exposed corrupt practices under Governor Jim Nwobodo of Anambra state.

The Court of Appeal set aside the conviction and sentence on the grounds that section 51 of the Criminal Code which provided for sedition  was illegal and unconstitutional.

Speaking for the court, Olajide  Olatawura JCA (as he then was) held :

“We are no longer the illiterates or the mob society our colonial masters had mind when the law was promulgated…To retain S. 51 of the Criminal Code, in its present form, that is even if not inconsistent with the freedom of expression guaranteed by our Constitution will be a deadly weapon to be used at will by a corrupt government or a tyrant…Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose.”

While tasking the Nigerian people to defend their fundamental right to freedom of expression which was fought for and won from the British colonial regime,  Justice Olatawura stated thus:

“The decision of the founding fathers of this present Constitution which guarantees freedom of speech which must include freedom to criticize should be praised and any attempt to derogate from it except as provided in the Constitution must be resisted. 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 where the plaintiff must of necessity put his character and reputation in issue.”

In view of the cautionary words of the Court of Appeal in Nwankwo v The State (supra), it is submitted that the resort to criminal libel and sedition by public officers to settle scores with critics and political opponents is illegal in every material particular. Therefore, the Attorney-General of the Federation should discontinue the charge of criminal defamation and advise the Senate President, Senator Godswill Akpabio to sue for libel in a civil court.

* Femi Falana is a Senior Advocate of Nigeria