Falana described the current prosecutions of Nigerians as inconsistent with democratic values and constitutional guarantees of free expression.

The law firm of prominent human rights lawyer, Femi Falana (SAN), has written a letter to the Attorney-General of the Federation and Minister of Justice (AGF), demanding the discontinuation of criminal proceedings against Nigerians being prosecuted for allegedly defaming public officials.

In the letter dated June 25, 2025, signed by Falana and addressed to the AGF, the law firm, Falana & Falana’s Chambers, cited President Bola Tinubu’s recent Democracy Day speech as a policy shift toward greater tolerance of free speech.

Falana described the current prosecutions of Nigerians as inconsistent with democratic values and constitutional guarantees of free expression.

“We are compelled to request you to discontinue such criminal cases in line with the new official policy on free speech announced by President Bola Tinubu in his nationwide address on Democracy Day,” the letter read.

Falana pointed out that both the Federal Ministry of Justice and the Nigeria Police Force are “currently prosecuting some Nigerian citizens for allegedly defaming certain public officers,” which the firm argued stands in contradiction to President Tinubu’s declared position on civil liberties.

Quoting extensively from the president’s June 12 speech, Falana reminded the Attorney-General of the President’s call for political tolerance and the rejection of authoritarian tendencies.

Falana recalled in the letter that President Tinubu said, “As elected leaders, we must continue to do more to make real the dream of Nigeria’s political and economic democracy.

“We must be vigilant in expanding the political space. We must always value dialogue over dictatorship, persuasion over suppression, and rights over might. Be tolerant and broad-minded in your legislative action regarding speech and civil liberties.

“Do not be afraid to hear an unkind word spoken against you. Some of the best advice a politician gets sometimes comes from his most ferocious opponents.

“We dare not seek silence because the imposed silence of repressed voices breeds chaos and ill will, not the harmonics of democracy in the long term.

“While malicious slander and libel should not go unattended, no one should bear the brunt of injustice for merely writing a bad report about me or calling me names.

“Democracy requires a fair degree of tolerance for harsh words and stinging insults. Call me names, call me whatever you will, and I will still call upon democracy to defend your right to do so.”

Falana backed his request with legal precedent, referencing the 1985 Court of Appeal decision in Nwankwo v. The State, in which Justice Olajide Olatawura warned against using colonial-era sedition laws to curtail modern-day freedoms.

Falana recalled that the judge said, “Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose.

“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 by 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. Criticism is indispensable in a free society.”

He added that public office holders should be open to criticism and, if necessary, pursue remedies through civil libel suits rather than criminal prosecution.

The Senior Advocate of Nigeria said, “In view of the foregoing, we are confident that you will not hesitate to accede to our request.

“If you fail to accede to our request, we shall not hesitate to initiate civil proceedings against the federal government at the Federal High Court with a view to decriminalizing free speech in Nigeria.”

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