The problem with keeping Defamation civil is that the chances of the victim getting 'justice' is very slim.
I will explain.
If the Victim opts for civil defamation, the highest he would get from the court is damages, publication, and apology. Upon delivery of judgment, the Defendant can decide to file a Motion for Stay and an appeal, within that period, the monetary damages awarded by the court will keep depreciating. The appeal may take another 2-3 years, by which time the Defendant wouldn't have obeyed the orders of the Court, because of the grant of the Stay of execution and the pending Appeal.
If they lose at the court of Appeal, they may exercise their right of Appeal up to the Supreme Court. That may take another 5-10 years 😂
Even if they decide not to Appeal, Enforcement of Judgment is another entire process on its own. The Plaintiff may have to Garnishee or attach the properties of the defendant, who in most cases will not have enough properties to satisfy the judgment sum, thereby leading to a judgment without the fruits of the judgment.
How much does the court want to award against those banger boys who said Elumelu's daughter has HIV/AIDS that'll be enough to cater for the damages caused.
During this period, severe and irreparable damage has been done to the Victim's reputation.
Opt for Criminal Defamation, let them jail the bastard. Let him exercise his right of Appeal from Kuje, Kírìkiri, Suleja, Oke-Kura or any of his preferred Prison😂😂
I have mixed feelings about criminalizing defamation.
On one hand, it serves defamers right. On the other, it feels unfair, like it should strictly be a civil suit.
But as long as it’s still the law, people are within their rights to pursue either route through due process.