Femi Falana

Mr Femi Falana, a Senior Advocate of Nigeria and human rights activist, has written a letter, dated 25 June, 2025, to the Attorney-General of the Federation requesting to discontinue such criminal cases in line with the new official policy on free speech announced by President Bola Tinubu in his nationwide address on Democracy Day.

Below is the letter:

June 25, 2025

The Honourable Attorney-General of the Federation,

Ministry of Justice,

Federal Secretariat,

FCT Abuja.

REQUEST TO DISCONTINUE ALL CRIMINAL CASES AGAINST FREE SPEECH

We are a firm of legal practitioners dedicated to the promotion and defence of democracy, human rights, social justice, and public accountability in Nigeria.

As you are no doubt aware, the Federal Ministry of Justice and the Nigeria Police Force are currently prosecuting some Nigerian citizens for allegedly defaming certain public officers.

We are compelled to request you to discontinue such criminal cases in line with the new official policy on free speech announced by President Bola Tinubu in his nationwide address on Democracy Day. For the avoidance of doubt, the President stated inter alia;

“37. As elected leaders, we must continue to do more to make real the dream of Nigeria’s political and economic democracy.

38. We must be vigilant in expanding the political space. We must always value dialogue over dictatorship, persuasion over suppression, and rights over might. Be tolerant and broad-minded in your legislative action regarding speech and civil liberties.
39. Do not be afraid to hear an unkind word spoken against you. Some of the best advice a politician gets sometimes comes from his most ferocious opponents. We dare not seek silence because the imposed silence of repressed voices breeds chaos and ill will, not the harmonics of democracy in the long term.
40. While malicious slander and libel should not go unattended, no one should bear the brunt of injustice for merely writing a bad report about me or calling me names. 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.”

You will agree with us that the official policy accords with the case of Nwankwo v. The State (1985) 6 NCLR 228 at 242, where Olajide Olatawura JCA (as he then was of blessed memory) said:

“Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose. 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 by 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. Criticism is indispensable in a free society.”

In view of the foregoing, we are confident that you will not hesitate to accede to our request. If you fail to accede to our request, we shall not hesitate to initiate civil proceedings against the federal government at the Federal High Court with a view to decriminalizing free speech in Nigeria.

Yours sincerely,

EMI FALANA, SAN, FCI Arb