Dele Farotimi
Public outrage has continued to greet the arrest by the police of human rights lawyer and advocate, Dele Farotimi, with Labour Party Presidential candidate Peter Obi and the Nigeria Bar Association (NBA) condemning the act.
Following the arrest, Peter Obi tweeted: “I just learned of the arrest of @DeleFarotimi, a respected human rights lawyer and advocate, over an allegation of defamation.
“This action is a gross misuse of police powers and a grave assault on the principles of democracy and justice in Nigeria.
“I condemn this action in totality. It represents not only an attempt to intimidate opposing voices from questioning authority . It is also a worrying signal to every Nigerian who loves and values freedom of expression and dares to demand accountability and transparency. The Nigeria Police Force exists to protect the rights of citizens, not to suppress them.
“Defamation, by its nature, is a civil matter that should be addressed in court through due legal process in line with the dictates of the rule of law in a democracy. As a private citizen, former governor, and even today, I am frequently defamed, insulted, and lied about and against. Yet, I have never resorted to using the Nigerian police or filing reports to silence others.
“Those who feel otherwise should seek redress through the proper legal channels, not by weaponizing the police or abusing their access to authority or state power. The resort to police action, in this case, reeks of abuse of power and raises serious concerns about the independence and professionalism of the police as a civil force.
“I hereby request that Dele Farotimi should be released immediately and unconditionally. The police must recognize that their allegiance is to the Constitution and the people of Nigeria, not to narrow interests at the behest of those in power.
Meanwhile, the Nigeria Bar Association (NBA) has condemned the arrest over allegations bordering on libel.
The NBA President, Afam Osigwe, in a statement Tuesday night in Abuja, also decried the alleged invasion of Farotimi’s law firm and the harassment of lawyers and staff within the premises.
Osigwe described the police actions as “a troubling breach of the rule of law and the sanctity of the legal profession.”
He said 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.
“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.
