‘A troubling breach of the rule of law’ – NBA reacts to arrest of Dele Farotimi

Dele Farotimi

Published By: Ayorinde Oluokun

By Taiye Agbaje

The Nigeria Bar Association (NBA) has described arrest of a lawyer and activist, Dele Farotimi, by the Nigerian Police Force over allegations bordering on libel as “a troubling breach of the rule of law and the sanctity of the legal profession.”

Farotimi was allegedly arrested by operatives of Ekiti Police Command at the behest of a Senior Advocate of Nigeria, Afe Babalola in Lagos on Tuesday over alleged libel contained in a publication he authored.

Farotimi, according to some reports, he was subsequently taken by the police operatives to Ekiti State by road.

However, there have been calls for the immediate release of the popular political activist especially on Twitter.

Reacting to the arrest of the lawyer, the NBA, in a statement by its President, Afam Osigwe, issued on Tuesday night in Abuja, decried the alleged invasion of Farotimi’s law firm and the harassment of lawyers and staff within the premises.

Osigwe aid while the Nigerian Police Force had the authority to investigate crimes, such power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.

“We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognised as a criminal offense under the laws of Lagos State.

“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.

“This progressive legislative move aligns with global best practices, which treat defamation as a civil wrong rather than a criminal offence.

“The Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021) affirmed this position.

“Justice Helen Ogunwumiju, JSC, unequivocally held that defamation ceased to be a criminal offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.

“This authoritative pronouncement leaves no room for doubt.

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“Furthermore, under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only about conduct that constitutes a criminal offence under Nigerian law.

“Arresting individuals for non-criminal matters, such as defamation in Lagos State, is not only unlawful but also a blatant violation of the principles of legality and the rule of law,” he said.

Osigwe also expressed concern over the reported invasion of Farotimi’s law firm and the harassment of lawyers and staff within the premises.

“Reports that phones were confiscated from lawyers and staff during this invasion highlight a severe disregard for the sanctity of legal practice and the constitutional rights of individuals.

“The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law.

“The NBA unequivocally condemns the invasion of Mr. Farotimi’s law firm, the harassment of its lawyers and staff, and the unlawful seizure of their phones.

“Such actions are not only a violation of the constitutional right to dignity and privacy but also an affront to the independence of the legal profession.

“We, therefore demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State.

“The authorities must swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.

“We urge law enforcement agencies to prioritise the principles of legality, fairness, and respect for human rights in their operations.

“These principles are foundational to justice, democracy, and the protection of citizens’ freedoms,” he concluded.

(NAN)