The Nigerian Bar Association (NBA) has expressed significant concern over the recent arrest of lawyer and activist Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm in Lagos. The NBA condemned these actions as a severe violation of the rule of law and an attack on the legal profession’s integrity.
In a statement issued by its President, Mazi Afam Osigwe, SAN, the NBA emphasized that while the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the boundaries of the law. The NBA pointed out that defamation, the alleged basis for Farotimi’s arrest, is not a criminal offense under Lagos State law, citing the 2011 Criminal Law of Lagos State, which decriminalized defamation and aligned with global best practices by treating it as a civil matter.
Referencing a Supreme Court ruling from 2021 (Aviomoh v. Commissioner of Police), the NBA reiterated that defamation is not criminal in Lagos State. Osigwe stressed that the Police Act of 2020 also mandates the Nigerian Police Force to act only on criminal conduct, and arresting individuals for non-criminal matters, like defamation, is unlawful and a violation of the rule of law.
Additionally, the NBA condemned the alleged invasion of Farotimi’s law firm, during which staff and lawyers were reportedly harassed and had their phones confiscated. The NBA viewed this as an infringement on constitutional rights to dignity and privacy, stressing the importance of protecting the independence of the legal profession.
The NBA called for the immediate release of Farotimi, demanded an investigation into the invasion of his law firm, and urged law enforcement agencies to uphold legality, fairness, and respect for human rights.
