The Nigerian Bar Association (NBA) has called for the immediate release of human rights lawyer Dele Farotimi, who was arrested on allegations of libel.
In a statement issued on Wednesday by NBA President, Mazi Afam Osigwe (SAN), the association expressed grave concern over what it described as a violation of the rule of law.
The statement read: “The NBA is deeply troubled by the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of the lawyers and staff present. These actions represent a serious breach of the rule of law and undermine the integrity of the legal profession.”
While acknowledging the Nigerian Police Force’s authority to investigate crimes, the NBA emphasized that this power must be exercised within the confines of the law and in accordance with offenses recognized by Nigerian law.
The NBA further clarified that the alleged libel charge for which Farotimi was arrested is not a criminal offense under the laws of Lagos State. The Criminal Law of Lagos State 2011 decriminalized defamation by removing it from its provisions, aligning with global best practices that treat defamation as a civil matter, not a criminal one. This legal position was reaffirmed by the Supreme Court in the case of Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju, JSC, ruled that defamation is no longer a criminal offense in Lagos State.
The statement continued: “The Nigerian Police Force is mandated by Sections 4 and 24 of the Police Act, 2020, to act only in relation to criminal offenses. Arresting individuals for non-criminal matters, such as defamation, is unlawful and a flagrant violation of the principles of legality and the rule of law.”
The NBA also expressed concern over the reported invasion of Farotimi’s law firm, where lawyers and staff were allegedly harassed, and their phones confiscated. The association condemned these actions as a severe disregard for the sanctity of legal practice and individuals’ constitutional rights.
“The legal profession is essential to justice and democracy, and any attempt to undermine its independence is an attack on the rule of law,” the NBA added. “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. These actions violate the constitutional rights to dignity and privacy, and threaten the independence of the legal profession.”
In conclusion, the NBA demanded the immediate release of Dele Farotimi, stating that his arrest has no legal basis under Lagos State law. The association also called for a thorough investigation into the invasion of his law firm, urging the authorities to hold those responsible accountable.
The NBA emphasized the need for law enforcement agencies to uphold the principles of legality, fairness, and respect for human rights, which are foundational to justice, democracy, and the protection of citizens’ freedoms.
