Freedom of Speech, Human Reputation and Human Rights under Scotland and Nigeria Legal Systems

Abstract

This paper examines essential and fundamental crucible of war between freedom of speech and human reputation in the overall effect on established human rights law dealing with the concept of defamation both in Scotland and Nigeria legal systems. Plausible areas of conflicts as well as agreements in contextual interpretation and application were identified and discussed. Practicable solutions were duly recommended for the purpose of unification of the law of defamation, with due consideration given to the divergent nature of these jurisdictions (Scotland and Nigeria), when considering the global best practice. It is concluded that defamation law in Nigeria need to be codified and backed up by an act of parliament through well thought out legislation separately from criminal law. The court must provide the balance needed to distill measurable differences between freedom of speech and human reputation under the fulcrum of established human rights law. It was also concluded that both Scotland and Nigeria Law Reform Commission should as a matter of urgency conduct reforms in defamation law to unify the concept of threshold and legal personalities involved in litigation and adjudication in defamation in courts of competent jurisdictions. The paper will be useful for policy formulation, knowledge sharing and decision-making.

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