Elements Of Defamation In Nigeria In Cook
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To succeed in a defamation claim, the plaintiff has to prove four elements: The defendant made a false and defamatory statement about the plaintiff; The statement was communicated to a third party, other than the plaintiff; The statement was made with fault, either intentionally or negligently; The statement caused ...
Defamation with Knowledge of Falsity: If someone knowingly makes false statements about another person, they could be sentenced to up to two years in prison. Defamation with an intent to extort (Section 376): This is treated as a felony, punishable by up to seven years behind bars.
For a claimant to succeed in an action for defamation, the claimant must be able to prove: That the words were defamatory not to only to few members of the public but the general public. That the words referred to the claimant. That the words were published (to at least one person other than the plaintiff)
It is limpid from the above exposition that for a plaintiff's defamation claim to succeed in a Nigerian court, such a plaintiff must show that the statement complained of is defamatory, directed at him, and published to a third party.
"In the case of Criminal defamation, an old person can choose to take a person to court to get Justice because they know the case continues with the permission of the Attorney General whether the Plaintiff is living or dead, while in the case of civil defamation the case dies once the Plaintiff dies .
What are the remedies for defamation in Nigeria? If a person is a victim of defamation, he or she can seek various remedies to redress the harm caused by the defamatory statement. These remedies are: Damages, Injunction, Retraction, and apology.
A statement must have the following effect to be defamatory: Lower the person in the estimation of right-thinking members of society generally. Expose him/her to hatred, contempt or ridicule. Cause other persons to shun or avoid him/her. Discredit a person's office, trade or profession; or.
For a claimant to succeed in an action for defamation, the claimant must be able to prove: That the words were defamatory not to only to few members of the public but the general public. That the words referred to the claimant. That the words were published (to at least one person other than the plaintiff)
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
