Education
Olanipekun to FUOYE Law Students: Liberty Is Not Licence to Defame
…Warns Against Cyberstalking, Pledges N7m to 28 Final Year Law Students
By Joseph Sunday
The Faculty of Law, Federal University Oye-Ekiti, FUOYE, on Thursday, October 8, 2026, held a distinguished public lecture themed: “The Jurisprudence of Criminal Defamation and Cyberstalking under Nigerian Law: Examining the Intersection of Legal Theory, Human Dignity and Digital Responsibility.”
The lecture was delivered by renowned legal luminary, Chief Wole Olanipekun, SAN, with Hon. Justice Prof. Alaba Omolayo-Ajileye, former Chief Judge of Kogi State and an expert in Computer-Based Evidence, laying the foundation.
The Vice-Chancellor of FUOYE, Prof. Olalekan Ogunwole was represented by the Deputy Vice-Chancellor, Strategic Partnership, Research, Innovation and Linkages, Prof. Babajide Afolabi. The Vice-Chancellor of Ekiti State University was also present.
Members of staff of the Faculty in attendance included the Dean, Prof. Ifedayo Akomolede; Head, Department of Public Law, Prof. Andrew Adetokunbo Borokini; Head, Department of Private Law, Prof. Simon Olufemi Abifarin; Prof. Olusola Olujobi and the Faculty Officer, Mr. Ojo Olanrewaju Tunbosun.
In his lecture, Chief Olanipekun described the topic as highly contemporary and central to democracy, legal practice and electoral jurisprudence, noting that while law is for all, its use for redress and protection of reputation remains critical.
He decried lawlessness in cyberspace, observing that offences such as cyberstalking, cyberbullying, cyber harassment and cyber molestation have replaced the old law of sedition.
Citing the Cybercrimes Act, 2015 as amended in 2024, he stressed that there is no anonymity in the digital world, adding that anyone who uses computer-generated devices to threaten, kidnap, demand ransom or defame others is liable.
“Everyone is entitled to be protected by the law. Liberty must not be mistaken for lawlessness. It is okay to criticise, but don’t destroy people’s reputation,” he said. The Senior Advocate disclosed that he has also been a victim of defamation and cyberstalking.
Chief Olanipekun contrasted conventional media with social media, noting that traditional newspapers go through rigorous editorial processes and have identifiable publishers and editors who can be sued, while many bloggers operate without traceable addresses.
He referenced global legislative trends, including the United States’ Take It Down Act signed on May 19, 2025, which criminalises the publication of non-consensual intimate images, including AI-generated images, and requires platforms to remove such content within 48 hours effective May 19, 2026.
On admissibility of evidence, he stressed the importance of computer-generated evidence, noting that where the provisions of the law are clear, the court has no discretion.
“Freedom of expression is indispensable to democracy but not a licence to destroy. Digital technology magnifies harm through speed, anonymity, permanence, virality and synthetic fabrication. Criminalisation is defensible only where the law is clear, necessary, proportionate and fairly enforced,” he concluded.
In his foundational remarks, Justice Omolayo-Ajileye identified three realms of existence – the physical realm comprising materials around us, the spiritual realm relating to faith, conscience and values, and the virtual realm which is cyberspace.
He described cyberspace as a product of human ingenuity that has become a lawless arena where virtual kidnapping and ransom-taking thrive, but insisted there is no hiding place for offenders.
“The world has developed to the level that there is no more anonymity. You may use pseudonyms, but the devices you use will still reveal that it was you,” he warned, citing the case of Raymond Mulcahy to illustrate how GPS and device tracking can unmask suspects who hide under fake names.
He added that deleting a message does not erase it, as it only moves it from one part of a device to another.
The jurist drew a link between criminal intimidation under the Penal Code and cyberstalking under Section 24 of the Cybercrimes Act, 2015 as amended in 2024.
He explained that the amendment narrowed but strengthened the offence to include sending pornographic messages and messages known to be false for the purpose of causing a breakdown of law and order or threat to life.
He emphasized the critical phrase “causing such messages to be sent,” warning students that forwarding offensive content is not a defence.
“It is not an excuse to forward or repost a message and say you are not the one who wrote it. A person who knowingly participates in the circulation cannot escape responsibility merely because somebody else authored it,” he said.
Illustrating with a case study where a defamatory post is reposted, screenshotted to Instagram, turned into a TikTok video and forwarded to a WhatsApp group of 200 people, he said under Section 24(2), every person involved in the posting, circulation and recycling is deemed a publisher.
“The digital age has transformed the means by which intimidation is perpetrated. In the past, communication may be to two or three people, but now it can be to the whole world,” he said, urging users to consider the truth, purpose and consequences of a message before sharing.
Justice Omolayo-Ajileye also shared his personal journey into electronic evidence, recalling how he was challenged at a 2010 conference on economic and financial crimes in Accra, Ghana, and went on to write a 49-page pamphlet titled “Electronic Evidence in Nigeria: The Journey So Far.”
“What was difficult for you today might be what you will use to eat tomorrow. Don’t run away from anything. Be determined and be resilient,” he charged the students.
At the event, Chief Olanipekun pledged N250,000 each to all 28 final-year law students of the faculty, amounting to N7 million, promising that the funds would be disbursed through the Vice-Chancellor within two weeks.
He charged the students to be disciplined, take their studies one step at a time, and not use the knowledge acquired to abuse others.
