The Nigerian Bar Association (NBA) has been deeply concerned by the arrest of Dele Farotimi on allegations of libel.
In a statement signed the President of NBA, Mazi Afam Osigwe, SAN urged the security agency to ensure restraints in the enforcement of the law.
The statement reads; “While we recognize the powers of the Nigerian Police Force to arrest and investigate crimes, we firmly believe that such powers must be exercised within the confines of the law and in respect of offenses known to law.
“It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognized as a criminal offense under the laws of Lagos State.
“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.
“Previously, defamation was criminalized under the Criminal Code applicable in Southern Nigeria. However, Lagos State modernized its criminal law framework through the enactment of the 2011 law, aligning with global best practices that treat defamation as a civil wrong, not a criminal offense.
“This position was emphatically affirmed by the Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju held that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011.
“Furthermore, the Nigerian Police Force derives its powers to arrest and investigate crimes under Sections 4 and 24 of the Police Act, 2020. These provisions mandate the Police to act only in respect of conduct that constitutes a criminal offense under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is a clear violation of these legal principles and an affront to the rule of law.”
The NBA unequivocally demanded the immediate release of Dele Farotimi and calls on the Nigerian Police Force to exercise its powers responsibly and strictly in accordance with the law.
“We also urge all law enforcement agencies to prioritize respect for human rights and adherence to the principles of legality, as these are foundational to the administration of justice and the protection of citizens.”
