A Yoruba socio-cultural group, Afenifere, has condemned the arrest of a civil rights activist, Dele Farotimi, by the Nigerian police, demanding his immediate release.
Farotimi, who was arrested on Tuesday, over his book titled, ‘Nigeria and its criminal justice system’ said to have allegedly defamed a certain character in the book.
Piqued by the arrest, the group in a statement signed by its deputy leader, HRH Oba Oladipo Olaitan and national publicity secretary, Prince Justice Faloye, expressed the group’s resentment.
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“Legal Practitioner, civil rights activist and member of Afenifere National Caucus was on 3rd December 2024 at about 11.00 am abducted and whisked away from his law office at Lekki, Lagos for undisclosed reasons by policemen of the Rapid Response Squad assaulting also other lawyers, workers and forcefully snatching their phones to prevent communications of the official terrorist attack,” the statement read.
The group said defamation is not a criminal offence that warrants such manner of arrest, demanding the release of the activist.
“Afenifere condemns this act of the Nigerian Police as illegal, crude, uncivilised and most unacceptable in a country that lays claims to democratic practices.
“Afenifere hereby calls for the immediate release of Dele Farotimi or that he be taken to court immediately as he is presumed innocent of all charges, the proof of which is the burden of his accusers no matter how highly placed,” the statement added.
The group urged human rights activists to rise against the forceful arrest in an effort to prevent abuse of human rights.
“There are rumours that the police and their sponsors are planning to use the instrumentality and the technicality of the law to detain and remand him in prison for 30 or more days.
“Afenifere once again implores all believers in democracy and civil rights to rise against this habitual crude and uncivilised style of our law enforcement officers which are not quite dissimilar from those of criminal gangs with no regard for the rights of citizens,” it added.
Similarly, the Nigerian Bar Association (NBA) has expressed grave concern over the arrest of Farotimi and reports of an invasion of his law firm in Lagos.
The NBA described the incidents as a serious violation of the rule of law and an attack on the sanctity of the legal profession.
In a statement issued by its President, Mazi Afam Osigwe, SAN, the NBA said, “While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.”
The association stressed that the alleged offence of libel, for which Farotimi was reportedly arrested, is not a criminal offence under Lagos State law.
It cited the Criminal Law of Lagos State 2011, which repealed the criminalisation of defamation, aligning with global best practices that classify defamation as a civil matter rather than a criminal one.
Referring to the Supreme Court’s 2021 decision in Aviomoh v. Commissioner of Police & Anor, Osigwe reiterated that Justice Helen Ogunwumiju, JSC, affirmed that defamation ceased to be a criminal offence in Lagos State following the enactment of the 2011 law.
He said: “This authoritative pronouncement leaves no room for doubt.
“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 offense 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.”
The statement added: “Of equal concern is the reported invasion of Dele 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 prioritize 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.”
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