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SOWORE CALLS FOR DUE PROCESS, URGES EFCC TO RELEASE VDM OVER DETENTION OF MARTINS VINCENT OTSE (VDM

 SOWORE CALLS FOR DUE PROCESS, URGES EFCC TO RELEASE VDM OVER DETENTION OF MARTINS VINCENT OTSE (VDM)


By Daniel Okonkwo Profiles International Human Rights Advocate 


To establish a claim of civil defamation, the following elements must be proven:


Falsity: The statement must be false.


Publication: The statement must have been communicated to a third party.


Reputational Harm: The statement must have caused injury to the claimant’s reputation.


Civil defamation, though similar in principle to criminal defamation—which involves the publication of a false statement that injures a person’s reputation—differs significantly in its legal application. In Nigeria, defamation can be addressed under both civil and criminal law. Under the Criminal Code, defamatory publication is a misdemeanor and, when done knowingly, carries more severe penalties. However, civil defamation, being more common, typically involves legal remedies such as monetary compensation or injunctive relief.


In recent developments, Martins Vincent Otse, popularly known as VDM, a well-known social commentator, was reportedly arrested and detained by the Economic and Financial Crimes Commission (EFCC). Available reports suggest that this may be connected to his public allegations of corruption against the agency and some of its officials.


There is speculation that VDM could be charged in court imminently. However, it is important to emphasize that legal experts have noted that offenses such as defamation, libel, and cyber defamation are not typically within the prosecutorial mandate of the EFCC but are, instead, civil matters or fall under the jurisdiction of law enforcement agencies and the courts.


This situation raises important legal and human rights questions, particularly around due process and institutional jurisdiction. In a democratic society governed by the rule of law, the use of any legal process must align with constitutional protections, including the right to free expression and protection from unlawful detention.


Legal analysts further clarify that defamation laws in Nigeria vary slightly by region. In Southern Nigeria, defamation is governed by the Criminal Code Act, while in Northern Nigeria, it falls under the Penal Code. While both codes provide for prosecution of defamation, such legal actions are generally initiated through formal complaints to the police or pursued as civil litigation—not through the EFCC.


Given the legal complexities, it is advised that any grievances related to alleged defamation be addressed through appropriate civil legal channels, by established legal procedure.


Omoyele Sowore, a respected human rights activist and publisher, has publicly expressed concern over the development. In a statement on his official Facebook page, he described the arrest as unlawful and called for VDM’s immediate release. He stressed that if the matter is civil, the EFCC should act within the boundaries of its mandate and allow the courts to adjudicate accordingly.


His statement reads in part: “If this is a civil case, the EFCC should respect the law. If they believe VDM has defamed them, let them follow due process and file a suit accordingly.”


In conclusion, the ongoing detention of Martins Vincent Otse raises serious questions about due process, institutional overreach, and adherence to the rule of law. It is essential that all parties involved act within the legal framework, respect the constitutional rights of individuals, and uphold justice transparently and lawfully.


#FreeVDMNow.

SOWORE CALLS FOR DUE PROCESS, URGES EFCC TO RELEASE VDM OVER DETENTION OF MARTINS VINCENT OTSE (VDM

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