The Nigerian Bar Association (NBA) has demanded the immediate release of detained human rights lawyer and activist, Dele Farotimi, by the Nigerian Police Force (NPF).
In a statement signed by its president, Mazi Afam Osigwe, SAN, the NBA expressed deep concern over Farotimi’s arrest on allegations of libel.
The NBA said that defamation is no longer a criminal offence in Lagos State, stating that Farotimi’s arrest was a violation of legal principles and an affront to the rule of law.
The statement read: “While we recognise 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 offences known to law.
“It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognised as a criminal offence under the laws of Lagos State.
“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions. Previously, defamation was criminalised under the Criminal Code applicable in Southern Nigeria.
“However, Lagos State modernised 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 offence.
“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 offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.”
The NBA further pointed out that the Nigerian Police Force derives its powers to arrest and investigate crimes under Sections 4 and 24 of the Police Act, 2020, which mandate the police to act only on criminal matters under Nigerian law.
Arresting individuals for non-criminal matters, such as defamation in Lagos State, was described as a clear violation of legal principles and an affront to the rule of law.
The NBA strongly demanded the immediate release of Dele Farotimi and urged the Nigerian Police Force to exercise its powers responsibly and in accordance with the law.
The association also called for law enforcement agencies to prioritize respect for human rights and adherence to legal principles, which are essential to the administration of justice and the protection of citizens.
(Guardian)
