By Ali Elias
The Nigerian Bar Association (NBA) has expressed grave concern over the arrest of legal practitioner and rights advocate, Dele Farotimi, on allegations of libel, as well as the reported invasion of his law firm. In a strongly worded statement released by NBA President, Mazi Afam Osigwe, SAN, the association described the developments as a breach of the rule of law and an affront to the legal profession.
The Arrest of Dele Farotimi
Mr. Farotimi was reportedly arrested on allegations of libel, a charge the NBA asserts is non-criminal under Lagos State law. The statement emphasized that the Criminal Law of Lagos State 2011 repealed the criminalization of defamation, making it a civil matter in the state.
Citing the Supreme Court decision in Aviomoh v. Commissioner of Police & Anor (2021), the NBA noted that Justice Helen Ogunwumiju unequivocally held that defamation ceased to be a criminal offense in Lagos State following the enactment of the 2011 law. “This authoritative pronouncement leaves no room for doubt,” the statement read.
The association further reminded law enforcement agencies that their actions must align with the Police Act, 2020, which mandates that the Nigerian Police Force acts only in relation to criminal offenses as defined by Nigerian law.
Law Firm Invasion and Harassment
Of equal concern to the NBA was the reported invasion of Dele Farotimi’s law firm, during which lawyers and staff were allegedly harassed, and their phones confiscated. The association decried the actions as a flagrant violation of constitutional rights, including the right to dignity and privacy.
“The legal profession is a cornerstone of justice and democracy,” the NBA stated, “and any attempt to undermine its independence is a direct assault on the rule of law.”
NBA Demands Immediate Action
The NBA demanded the immediate release of Mr. Farotimi, stating that his arrest was without legal basis under the laws of Lagos State. It also called for an investigation into the invasion of his law firm, insisting that the findings be made public and those responsible held accountable.
The association reiterated its call for law enforcement agencies to uphold the principles of legality, fairness, and respect for human rights in their operations, noting that these values are essential to justice, democracy, and the protection of citizens’ freedoms.
The NBA’s statement underscores the importance of safeguarding the rule of law and ensuring that law enforcement agencies respect the rights and dignity of citizens, especially members of the legal profession, whose independence is crucial for justice and democracy to thrive.
Following is the full details of the Statement released on the X page of the Afam Osigwe, the president of Nigerian Bar Association
The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises. These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.
While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offenses recognized under Nigerian law.
We must reiterate that the alleged offense of libel, for which Dele Farotimi was reportedly arrested, 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. This progressive legislative move aligns with global best practices, which treat defamation as a civil wrong rather than a criminal offense.
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 offense 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 offense 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.
Of equal concern is the reported invasion of Dele 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 prioritize 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.