“Politics should be built on truth, not tactics of destruction.”

As Nigeria’s 2027 National elections approach, candidates and supporters gear up for what is often a tense and competitive period. The desire to persuade, outshine, or even discredit opponents becomes high, and in this process, many cross legal and ethical lines. One of the most dangerous and unfortunately common tools used during campaigns is defamation– words or actions to discredit political aspirants/opponents.

Defamation, whether intentional or reckless, can destroy reputations, influence voter decisions, and harm the credibility of our democratic institutions. In Nigeria, defamation is not just wrong; it is a crime and a civil wrong. This article outlines what defamation is, why it is common during campaigns, and the legal consequences under Nigerian law.

Defamation is the act of making a false statement about a person that injures their reputation in the eyes of others. It takes two major forms: libel and slander. Written or published defamatory content. To amount to defamation, the statement must be false, published to a third party, refer to the person and cause harm to their reputation.

For instance, falsely claiming that a candidate forged a certificate, is involved in criminal activities, or is mentally unstable could all constitute defamation, whether said on a stage, in a WhatsApp group, or on a viral tweet. There is an ongoing Proceeding at The Lagos State High Court, Tafawa Balewa Dr. Asue Ighodalo, the candidate of the Peoples Democratic Party (PDP) in the last Edo State governorship election, has filed a ₦500 million defamation lawsuit against the acting Chairman of the All Progressives Congress (APC) in Edo State, Jarret Tenebe. The lawsuit follows an alleged defamatory statement made by Tenebe in a viral video on December 10, 2024. In the video, Tenebe accused Ighodalo of corruption and misappropriation of state funds. (1)

Why Is Defamation Common During Elections?

The election period is highly emotional and competitive. Politicians often seek to sway public opinion, sometimes by any means necessary. Supporters may also act on behalf of candidates, creating content that is inflammatory or misleading. False claims spread quickly on social media and can severely damage a person’s character within hours. In most cases, the damage is already done before the truth is verified.

Under Nigerian law, defamation is both a criminal offence and a civil tort.

Criminal Defamation: Criminal defamation in Nigeria is governed by Sections 373 to 375 of the Criminal Code Act. The law defines defamatory matter as any content that is written, spoken, or otherwise communicated and that is likely to injure the reputation of a person by exposing them to hatred, contempt, or ridicule. Under Section 375, any person found guilty of publishing such defamatory material may be sentenced up to a year imprisonment, and where the statement was made with malice or intent to injure, the penalty may extend to two years.

Civil Defamation: In cases of civil defamation, a victim may file a lawsuit seeking damages as compensation for reputational harm, as well as injunctions to prevent further spread of the defamatory content. Notably, the court does not require proof of financial loss if it is clear that the individual’s reputation has been harmed. Additionally, campaign teams, media outlets, bloggers, and influencers who participate in or amplify defamatory content can be held jointly liable alongside the original publisher.

In essence, while it is perfectly lawful to critique a candidate’s policies, leadership style, or public performance, it is unlawful to fabricate stories or spread unverified rumors about their personal life or character.

Whether you are a candidate, campaign spokesperson, digital team member, or supporter, you must stay within legal boundaries when sharing content or giving speeches.

Here are some practical steps to avoid legal pitfalls:

1. Verify all claims before posting or printing. If you don’t have proof, don’t share it.
2. Avoid personal attacks, stick to issues, policies, and leadership values.
3. Train your team on what defamation is and how to avoid it.
4. Do not rely on third-party content (e.g., anonymous messages, memes, or edited videos) without verifying authenticity.
5. Monitor your social media pages and promptly delete any defamatory user comments or posts.

The Consequences of Defamation

Beyond its legal implications, defamation during political campaigns can have serious and far-reaching consequences. Candidates may find themselves facing lawsuits, which could result in hefty fines or court injunctions that restrict further communication.

In more severe cases, election victories may be challenged or overturned on the grounds of misconduct or criminal defamation. Even where an apology or retraction is issued, the damage to a candidate’s reputation may be permanent, especially in today’s fast-moving media environment.

Additionally, such conduct can erode public trust, particularly among undecided voters who expect campaigns to be issues-based. Ultimately, resorting to defamation reflects a lack of political maturity, weakening both the candidate’s image and the quality of democratic engagement.

The law is clear: defamation is a crime, and political speech is not immune from accountability. The smartest campaigners are not those who shout the loudest but those who speak wisely, truthfully, and legally.

Let your campaign win votes, not Lawsuits.

References:

1. “Ighodalo Files N500m Defamation Suit Against Edo APC Chairman.” Vanguard Nigeria, 3 Jan. 2025, www.vanguardngr.com/2025/01/ighodalo-files-n500m-defamation-suit-against-edo-apc-chairman/. Accessed 6 Aug. 2025.