The Nigerian Bar Association (NBA) has called for the immediate release of Human Rights Lawyer, Dele Farotimi, who was arrested over allegations of libel. The NBA expressed grave concern over his arrest, which it described as a violation of the rule of law.
In a statement issued on Wednesday by NBA President, Mazi Afam Osigwe (SAN), the association condemned the reported invasion of Farotimi’s law firm and the harassment of its lawyers and staff. The statement highlighted that such actions breach the sanctity of the legal profession and undermine the rule of law.
The NBA emphasized that while the Nigerian Police Force has the authority to investigate crimes, this power must be exercised in accordance with Nigerian law. The statement pointed out that libel is not a criminal offense under the laws of Lagos State. The Criminal Law of Lagos State 2011 decriminalized defamation by omitting it from its provisions, aligning with global best practices that treat defamation as a civil rather than a criminal matter. This legal position was affirmed by the Supreme Court in the 2021 case of Aviomoh v. Commissioner of Police & Anor, where Justice Helen Ogunwumiju ruled that defamation ceased to be a criminal offense in Lagos State after the enactment of the 2011 law.
The NBA further stressed that under the Police Act of 2020, the Nigerian Police Force is only authorized to act in cases that constitute criminal offenses under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is unlawful and a clear violation of legal principles.
The association also expressed concern over the reported invasion of Farotimi’s law firm, where phones were confiscated from lawyers and staff. This, according to the NBA, is a severe breach of constitutional rights and a direct attack on the independence of the legal profession.
The NBA strongly condemned these actions, describing them as violations of dignity and privacy, and an affront to the legal profession’s independence. The statement concluded by demanding Farotimi’s immediate release, asserting that his arrest is baseless under the laws of Lagos State. The NBA called for a swift investigation into the invasion of his law firm, with the results made public and those responsible held accountable. The association urged law enforcement agencies to uphold the principles of legality, fairness, and respect for human rights in their actions, as these are fundamental to justice and democracy.
