By E. Monjok Agom
GENERAL PRINCIPLE
Under Nigerian law, the general principle is that a defamatory statement made about a person (in this case, Mr. Peace) does not automatically entitle their spouse (Mrs. Peace) to sue for defamation. However, there are exceptions to this rule, and the circumstances of each case will determine whether the spouse has a valid cause of action.
THE REASONING
Defamation is considered a personal tort, meaning that the right to sue is vested in the individual whose reputation has been directly injured by the defamatory statement. Since the statement is specifically about Mr. Peace, he is the one who must initiate legal action to seek redress for the harm caused to his reputation. Mrs. Peace, as his spouse, does not have an automatic right to sue unless she can demonstrate that the statement also directly affects her or causes her specific harm.
EXCEPTIONS
While the general rule limits the right to sue to the person directly defamed, there are exceptions where Mrs. Peace may have a valid claim:
- Direct Reference to the Spouse: If the defamatory statement about Mr. Peace also explicitly or implicitly refers to Mrs. Peace in a way that injures her reputation, she may have a separate cause of action for defamation.
- Specific Harm or Damage: If Mrs. Peace can prove that the defamatory statement about her husband has caused her specific harm, such as loss of business, social ostracism, or emotional distress, she may be able to bring a claim under related torts, such as negligence or intentional infliction of emotional distress.
- Joint Reputation: In some cases, a defamatory statement about one spouse may affect the joint reputation of the couple, particularly in situations where their professional or social standing is closely tied together. If Mrs. Peace can demonstrate that the statement has harmed their shared reputation, she may have a valid claim.
CASE LAW
Nigerian courts have addressed this issue in several cases, providing guidance on when a spouse may sue for defamation:
- Ojukwu v. Onovo (1985) 1 NWLR (Pt. 1) 103: The court emphasized that a wife could not sue for defamation based solely on a statement made about her husband unless the statement also directly implicated her. The case reinforced the principle that defamation is a personal tort.
- Eze v. Nwosu (1993) 4 NWLR (Pt. 289) 345: The court recognized that a family member could sue for defamation if they could show that the defamatory statement about another family member had caused them specific harm.
- Dyna v. IGP (2018) LPELR-44363(CA): The court reiterated that defamation claims are personal and must be pursued by the individual whose reputation has been directly injured. However, the court also acknowledged that exceptions may arise where the defamatory statement has broader implications for other parties.
CONCLUSION
In conclusion, under Nigerian law, a defamatory statement about a husband does not automatically entitle his wife to sue for defamation. The right to sue is generally limited to the person directly defamed. However, exceptions exist where the statement also directly references the spouse, causes specific harm to the spouse, or affects their joint reputation. In such cases, the spouse may have a valid cause of action under defamation or related torts. Each case will depend on its specific facts and the evidence of harm caused to the spouse. Legal advice should be sought to determine the viability of a claim in such circumstances.
Nigeria can be a theatre of the absurd!
E. Monjok Agom
2nd March, 2025
