₦airaland Forum

Withdraw criminal libel charge against Natasha — Falana tells FG

A Senior Advocate of Nigeria and Human rights lawyer, Femi Falana, has called on the Federal Government to withdraw the criminal libel charge filed against Senator Natasha Akpoti-Uduaghan by the office of the Attorney-General of the Federation.

In a statement on Tuesday, Falana described the charge which stemmed from alleged defamatory remarks made by the senator against Senate President, Godswill Akpabio during a television appearance as unconstitutional and a violation of her right to freedom of expression.

Citing constitutional provisions and international human rights instruments, he maintained that the charge runs contrary to Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.

He argued that the attempt to criminalise criticism of public office holders is not only outdated but unlawful under Nigeria’s democratic framework.

Referencing the 1985 Court of Appeal ruling in Arthur Nwankwo v. The State, Falana recalled that the court had nullified the conviction of a writer who had criticised a sitting governor, declaring the sedition law used in that case unconstitutional.

He noted that the judgment warned against the dangers of retaining colonial-era laws that could be misused by authoritarian regimes.

He urged public office holders to seek redress through civil libel actions rather than resorting to criminal charges, stressing that such legal measures undermine democratic freedoms and stifle open discourse.

Falana further called on Nigerians to defend their hard-earned right to freedom of expression, emphasising that criticism of those in power is a key feature of democratic governance and must not be met with intimidation or criminal prosecution.

The statement reads fully: “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.”

NigerianTribune

He argued that the attempt to criminalise criticism of public office holders is not only outdated but unlawful under Nigeria’s democratic framework.

Old age is negatively affecting Falana

This baba go just dey talk like person wey dey eat ewa alagbado.

If he cares so much let him go defend her in the court of law, abi which one be withdrawal again, court na kirikiri?? Abi dem don convict her?

Go to court, answer ur charges, make falana defend ur case, win ur case and go home..very simple.

Bobloco:

Ever Angry Bobloco

OlawaleBammie:
This baba go just dey talk like person wey dey eat ewa alagbado.

If he cares so much let him go defend her in the court of law, abi which one be withdrawal again, court na kirikiri?? Abi dem don convict her?

Go to court, answer ur charges, make falana defend ur case, win ur case and go home..very simple.

Haa!Ewa Alagbado sweetus Adalu .I sure miss that combo especially the soft ,not salty type..But Pa Falana ,beta be careful b4 the linus stain his reputation

Natasha must go to court

OlawaleBammie:
This baba go just dey talk like person wey dey eat ewa alagbado.

If he cares so much let him go defend her in the court of law, abi which one be withdrawal again, court na kirikiri?? Abi dem don convict her?

Go to court, answer ur charges, make falana defend ur case, win ur case and go home..very simple.

You forgot to add, Nigerian Court

Wallade:
Old age is negatively affecting Falana

Go and sit down. Decree 4 was abrogated since 1985, you are here supporting those planning to re-enact same 40 years after. If anyone feels that his or her person was defamed, that person should file a LIBELOUS suit in court, not the FG overreaching themselves.
I am even worried that the AGF, who is a SAN does not know this.

Him be one of the people wey push Sim to where he is now. Now it's the turn of Natasha.

This one is just looking for what to eat. He has rubbished his name because of too much cho cho cho

I do not agree with Falana on this issue because Natasha accused the senate president of wanting to assassinate her. It's a very serious allegation against the senate president, an allegation that can put a dent on the government.

Cashout king.....

Him don finish FUNbara...
Lietasha is next.

why would they?

Falana ipob warrior..

Anyway God bless the good people of Southsouth and southwest

Natasha provide Ur sexual harassment evidence.

Mumu lady

Or

Who is Falana?

ata unam ikot

same man dat he and his whole family are after verydarkman for expressing his freedom of speech

you should rada point out the points of law that allows here to make wild accusations... we all know howuch that has ruined d reputation of the senate president with most now calling him a pervert...

Hehehe.

FG is now Akpabio through and through

This FG no dey shame? Why would you sue a woman who complained of sexual assault? Atleast the FG shouldn't be seen to be unfair. Because Las las majority of Nigerians will see this Government in a bad light for this singular action

Upon all the problems in Nigeria our FG is busy going to court with an individual ,this govt is lowering the bàr of governance every day

Which party is Natasha from

This one ba goat.

Go and rest

Falz. Take your father To a care home

Most of those who criticise Falana never read the article...

opalu:
This FG no dey shame? Why would you sue a woman who complained of sexual assault? Atleast the FG shouldn't be seen to be unfair. Because Las las majority of Nigerians will see this Government in a bad light for this singular action

Go school, u no gree go., now see what you are spewing in public

The worst part is that the two people, Yahaya Bello and Akpabio that the same FG is prosecuting through EFCC are the people to bear witness on the suit.

I don't know how the judge would accept anything they say as they are suspects in another case before the same Nigeria Court.

Natasha don finally shut up. Since she's been ranting up and down. As FG sue am she lock up. That's how to discipline a spoilt child.