When Insults Fly in Public: Does Mutual Abuse Amount to Defamation in Nigerian Law?

By P.L Osakwe

■ INTRODUCTION

Words, once spoken, cannot be taken back. In a society like ours, where emotions can flare up quickly in marketplaces, motor parks, and even on the streets, it is not unusual to witness two people exchanging heated words, sometimes insults, in the full glare of the public. The question is: when two people abuse each other in public, can such words amount to defamation in law?

■ Understanding Defamation under Nigerian Law

Defamation, simply put, is the publication of words (spoken or written) that tend to lower another person in the estimation of right-thinking members of society or expose them to hatred, ridicule, or contempt. Under Nigerian law, defamation exists in two forms:

1. Libel :written or published defamatory words.

2. Slander: spoken defamatory words.

For words to amount to defamation, certain key elements must be present:

1. The words must be defamatory in nature.
2. They must refer to the complainant.
3. They must be published (i.e., communicated to a third party).

Thus, if someone abuses another person in public and the words injure reputation in the eyes of others who heard it, the elements of defamation may be satisfied.

■ The Twist: When Both Parties Abuse Each Other.

Now, what if both parties exchange insults publicly? Can one run to court to claim damages against the other? The answer is not so straightforward.

In such cases, the law looks at:

1. Publication to Third Parties: Since the insults are exchanged in public, there is no doubt that third parties are present to hear them. This satisfies the requirement of publication.

2. Nature of the Words: If the words go beyond mere vulgar abuse (e.g., “you are mad” or “you are stupid”) and actually impute serious crimes (like theft, adultery, fraud, or ritualism), then they are capable of being defamatory.

3. Mutuality of Abuse: When both parties insult each other, courts often view it as a voluntary trade of words. In such cases, damages may be difficult to prove because the claimant himself also engaged in lowering the other party’s reputation. In simple terms, the law may consider it “a quarrel” rather than actionable defamation, especially if the insults are trivial.

■ The Defence of Vulgar Abuse

Nigerian courts recognize a principle known as “vulgar abuse”. This means that certain words, when used in the heat of anger or quarrel, are not regarded as defamatory because they are not meant to be taken seriously. For example, if two people are fighting and one shouts, “You are a mad man!” the court is unlikely to treat this as defamation. However, if the insult alleges a crime, such as “You are a thief who stole money from your workplace” the situation changes.

■ Practical Implications

Not every insult is defamation. Everyday quarrels and name-calling are usually not actionable.

1. Serious allegations made in anger can still be defamatory, especially when they affect a person’s profession, business, or reputation.
2. Mutual abuse reduces the weight of a claim, because the complainant has equally damaged the reputation of the other person.

♤ Conclusion

In Nigerian law, insults exchanged during public fights do not automatically amount to defamation. The law considers the nature of the words, the context, and whether reputation was truly injured in the eyes of others. While not every abusive word is actionable, individuals must be careful with their speech, especially in public, because some words, even spoken in anger, can lead to liability.

As the saying goes: “Sticks and stones may break bones, but words can wound reputations forever.”