AN APPRAISAL OF THE TORT OF DEFAMATION: DEFENCES AND DAMAGES IN THE NIGERIAN LEGAL SYSTEM

This work will examine the relationship between Defamation, the laws in Nigeria that regulate defamation and the society as a whole. The tort of defamation is one which has developed rapidly as a result of the existence of the right to freedom of expression and the increase in communication and development of the press. This tort has been in existence for a very long time and the purpose of this work is to highlight the development of this tort and its affect on the Nigerian legal system as well as its effect and relation to the right to freedom of expression and the press provided for in the Nigerian Constitution. Every individual has a right to say what he pleases before the public and to infringe on this right is to destroy one's right to freedom of expression but if he publishes what is injurious to another person, he must face the consequences of his actions.Defamation laws usually come into tension with right to freedom of expression as most times, both laws are not compatible or bleed into each other. Article 10 of the European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect the reputation or rights of others.To a lawyer, the meaning of defamation is well known but to an ordinary person, defamation is a concept that may not be well known even though it is rampant in society and faced by human beings every day. The law of defamation is a statement or publication made by a person which exposes another person to ridicule, hatred or contempt and lowers his reputation in the eyes of right thinking people of the society or causes injuries in his business or trade.