The Nigerian Bar Association has asked the police to release with immediate effect a lawyer and rights activist, Dele Farotimi, arrested by its operatives over allegation of defamation.
The umbrella association of lawyers, in a statement , wondered why the police would move against Farotimi for purportedly defaming a complainant when libel is no longer a criminal offense in Lagos State.
The NBA also criticised the reported invasion of Farotimi’s law firm, during which lawyers and staff were allegedly harassed and their phones confiscated.
The NBA described the incidents as a serious violation of the rule of law and an attack on the sanctity of the legal profession.
In a statement issued on Tuesday by its President, Mazi Afam Osigwe, SAN, the NBA said, “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 offences recognised under Nigerian law.”
The association stressed that the alleged offence of libel, for which Farotimi was reportedly arrested, is not a criminal offence under Lagos State law.
It cited the Criminal Law of Lagos State 2011, which repealed the criminalisation of defamation, aligning with global best practices that classify defamation as a civil matter rather than a criminal one.
Referring to the Supreme Court’s 2021 decision in Aviomoh v. Commissioner of Police & Anor, Osigwe reiterated that Justice Helen Ogunwumiju, JSC, affirmed that defamation ceased to be a criminal offence in Lagos State following the enactment of the 2011 law.
He stated, “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 on 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.”
The NBA also criticised the reported invasion of Farotimi’s law firm, during which lawyers and staff were allegedly harassed and their phones confiscated.
“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,” Osigwe stated.
He described the actions as violations of constitutional rights to dignity and privacy.
The association called for the immediate release of Dele Farotimi, stating that his arrest lacks any legal basis under Lagos State laws.
It also demanded an investigation into the invasion of his law firm, with the findings made public and the perpetrators held accountable.
The NBA urged law enforcement agencies to prioritise legality, fairness, and respect for human rights in their operations.
“These principles are foundational to justice, democracy, and the protection of citizens’ freedoms,” Osigwe added.
