NBA, Obi, Falana condemn arrest of human rights lawyer, Dele Farotimi

Peter Obi has labeled the arrest as a misuse of police powers and a direct assault on democratic liberties.

BrandPower Magazine 12 hours agoLast Updated: 04/12/2024

3 minutes read

NBA, Obi, Falana condemn arrest of human rights lawyer, Dele Farotimi — Dele Farotimi

Nigerians have come out to strongly condemn the arrest of Lagos human rights lawyer, Dele Farotimi, by the Nigerian Police Force over allegations bordering on libel.

The NBA President, Afam Osigwe, in a statement Tuesday night in Abuja, decried the alleged invasion of Farotimi’s law firm and the harassment of lawyers and staff within the premises.

Peter Obi has labeled the arrest as a misuse of police powers and a direct assault on democratic liberties.

Imo Assembly summons publisher over alleged defamation against lawmaker

Meanwhile, human rights lawyer Femi Falana, who disclosed that Farotimi was arrested in Lagos State over alleged defamation on Tuesday, stated that his arrest was illegal.

Falana demanded Farotimi’s unconditional release from police custody, noting that Lagos State is among the two states in Nigeria that have decriminalised defamation.

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“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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.

On his part, Peter Obi pointed out that defamation, by its nature, is a civil matter that should be resolved through the courts rather than by using police force. He stressed that the Nigerian Police Force should protect citizens’ rights, not suppress them. “As a private citizen and a former governor, I have often been defamed, insulted, and lied against. Yet, I have never resorted to using the police or filing reports to silence others,” Obi said. He urged those who feel defamed to seek redress through proper legal channels instead of weaponizing state power.

Femi Falana’s statement read, “I just confirmed that Mr. Dele Farotimi was arrested in Lagos today for alleged criminal libel.

“In demanding Mr. Farotimi’s unconditional release from illegal custody, I wish to state, without any fear of contradiction, that Lagos State is among the two states in Nigeria that have decriminalised defamation in its entirety.

“In fact, the current state of the law was confirmed by the Supreme Court of Nigeria in the case of Aviomoh v Commissioner of Police & Anor. (2021) LPELR-55203(SC) when Helen Ogunwumiju JSC held that “Defamation was decriminalised in the Criminal Law of Lagos in 2011 and Edo State Criminal Law Bill 2020.”