Forgotten Dairies
The Cost of Careless Words: How Everyday Expressions Can Give Rise to Civil and Criminal Liability -By Ibraheem Iyanuoluwa Jelili
The digital age has made communication easier than ever before, but it has also increased the legal responsibilities attached to every spoken and written word. Before calling someone your “partner in crime,” “fraudster,” “Yahoo boy,” “cultist,” or “criminal,” pause and consider the possible legal consequences. A joke that lasts for ten seconds may become the basis of litigation lasting ten years. In law, words are never “just words.” They are capable of creating obligations, destroying reputations, and attracting liability.
Introduction
“Na joke I dey joke.”
“Don’t mind me, I was only catching cruise.”
“Everyone knows I wasn’t serious.”
These are familiar expressions in our daily conversations. They are often deployed to soften the impact of statements made in jest, particularly after someone feels offended. Yet, while such explanations may settle personal misunderstandings, they do not necessarily absolve a speaker from legal responsibility. Across Nigeria, it has become fashionable to refer to friends and acquaintances as “my partner in crime,” “my accomplice,” “Yahoo boy,” “thief,” “fraudster,” “cultist,” or “criminal.” On birthdays, social media is flooded with captions such as, “Happy birthday to my favourite fraudster,” or “Meet my criminal partner.” To many, these are harmless expressions of camaraderie.
However, the law is not always amused.
The law places immense value on a person’s reputation and jealously protects it from false and damaging attacks. Consequently, what many dismiss as ordinary banter may, in appropriate circumstances, constitute defamation or even expose the publisher to criminal investigation where the communication violates applicable laws. As communication increasingly shifts to digital platforms, it has become imperative for Nigerians to appreciate that freedom of expression is not freedom from legal consequences.
Words Have Legal Weight
Language is more than a means of communication; it is also capable of creating legal rights and liabilities. A person’s reputation is an intangible asset that influences employment, business opportunities, political aspirations, and social acceptance. Once tarnished, it may take years to restore. Recognising this reality, the law protects every individual from false statements that expose them to hatred, ridicule, contempt, or lower them in the estimation of right-thinking members of society.
In the celebrated case of Sketch Publishing Co. Ltd. V. Ajagbemokeferi (1989) 1 NWLR (Pt. 100) 678, the Supreme Court reaffirmed that defamatory publications which unjustifiably injure another person’s reputation entitle the victim to legal redress. Similarly, in Nsirim v. Nsirim (1990) 3 NWLR (Pt. 138) 285, the Court emphasised that the true test is the meaning which reasonable members of society would ordinarily attach to the words complained of—not the secret intention of the speaker.
This distinction is crucial.
The question is not merely, “What did I mean?”
Rather, the law asks:
“What would an ordinary person understand these words to mean?”
“My Partner in Crime”: Harmless Slang or Defamatory Statement?
Expressions evolve with society. Today, the phrase “my partner in crime” is frequently used to describe a close friend, spouse, sibling, or colleague.
While many understand its figurative meaning, context remains everything.
Suppose a bank manager uploads a photograph with a colleague and captions it:
- “My criminal partner for life.”
The audience includes customers, regulators, employers, and professional associates.
Can every reader confidently conclude that the statement is merely figurative?
Certainly not.
Some readers may genuinely believe that both individuals are involved in criminal activities.
If that impression damages the colleague’s reputation, the publication may become actionable.
Likewise, calling someone “Yahoo boy,” “fraudster,” “cultist,” “kidnapper,” or “armed robber” carries far greater legal risk because those expressions directly impute criminal conduct. In defamation law, an allegation of crime is among the gravest forms of defamatory imputation.
The Constitution Says No One Is a Criminal Until a Court Says So
One of the cornerstones of Nigeria’s criminal justice system is the presumption of innocence.
Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that every person charged with a criminal offence shall be presumed innocent until proved guilty.
This constitutional guarantee is not reserved solely for judges and lawyers. It is a principle that should guide public discourse. Unfortunately, social media has become a virtual courtroom where people are convicted by public opinion long before any judicial determination. The moment a person’s photograph is posted with captions such as:
- “Beware of this fraudster.”
- “This man is a criminal.”
- “She belongs to a kidnapping syndicate.”
The publisher risks exposing themselves to legal proceedings if the allegations cannot be substantiated. The Constitution does not permit citizens to substitute suspicion for proof.
Social Media Has Made Everyone a Publisher
There was a time when only newspapers, television stations, and radio houses could publish information to the public. That era has passed. Today, every smartphone owner possesses a publishing platform. A WhatsApp status viewed by two hundred people constitutes publication. A Facebook post shared thousands of times constitutes publication. An Instagram caption, TikTok video, YouTube upload, LinkedIn article, Telegram message, or X post all constitute forms of publication capable of attracting legal consequences.
The mistaken belief that deleting a post erases liability is particularly dangerous. Once defamatory material has been seen, copied, or shared, the damage may already have occurred. Screenshots have become the modern-day documentary evidence.
Forwarding False Information Is Equally Dangerous
Another common misconception is that only the original author of a defamatory statement can be sued.
The law says otherwise.
Imagine receiving a WhatsApp message alleging that a respected lecturer is involved in examination malpractice. Without making any effort to verify the information, you forward it to multiple groups. Several recipients further circulate the message. Although you did not originate the allegation, your conduct contributed to its wider dissemination.
The simple phrase:
- “Forwarded as received.”
Is not a recognised legal defence. Every individual bears responsibility for the information they intentionally republish.
Freedom of Expression Must Be Exercised Responsibly
Section 39 of the Constitution guarantees every citizen the right to freedom of expression. This right remains indispensable to democracy.
Citizens must be free to criticise governments, expose corruption, discuss public affairs, and express honest opinions. However, constitutional rights coexist with legal responsibilities. Freedom of expression does not authorise false accusations. It does not justify reckless publications. Nor does it protect malicious attacks on another person’s reputation.
As the Supreme Court observed in Punch (Nig.) Ltd. V. Ovberedjo (2018) 3 NWLR (Pt. 1607) 1, freedom of expression must be exercised within the limits prescribed by law, particularly where another person’s reputation is unjustifiably harmed.
Conclusion
The digital age has made communication easier than ever before, but it has also increased the legal responsibilities attached to every spoken and written word. Before calling someone your “partner in crime,” “fraudster,” “Yahoo boy,” “cultist,” or “criminal,” pause and consider the possible legal consequences. A joke that lasts for ten seconds may become the basis of litigation lasting ten years. In law, words are never “just words.” They are capable of creating obligations, destroying reputations, and attracting liability.
The next time you reach for your keyboard or prepare to make a humorous remark about another person, remember this timeless principle:
Think before you speak. Think twice before you post. Because while spoken words may fade, published words can remain as evidence; and the law has a long memory.
My Profile
I’m Ibraheem Iyanuoluwa Jelili, final year law Student of Ahmadu Bello University, Zaria. And a member of International Law Association of Nigeria Chapter.
My area of interest are: Oil and Gas Law, Intellectual Property Law, International Law, Advocacy, Article writing, Reading, Research and Leadership. I may be contacted via these channels;
Email:- ibraheemiyanuoluwa913@gmail.com
WhatsApp number:- 09023185916
