Senior Advocate of Nigeria, Femi Falana, has confirmed the arrest of human rights lawyer Dele Farotimi in Lagos State on charges of alleged criminal libel. The arrest was brought to public attention by Omoyele Sowore, the 2023 presidential candidate of the African Action Congress, through a post on his X handle on Tuesday.
In a statement addressing the situation, Falana condemned Farotimi’s arrest as illegal and called for his immediate and unconditional release. He emphasized that defamation has been decriminalized in Lagos State, making the arrest unwarranted under existing laws.
Falana stated, “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.”
The legal luminary referenced a 2021 Supreme Court ruling in Aviomoh v Commissioner of Police & Anor. (2021) LPELR-55203(SC), where Justice Helen Ogunwumiju affirmed that defamation was decriminalized under Lagos State’s Criminal Law in 2011, as well as in Edo State’s Criminal Law Bill 2020.
Falana’s statement has raised significant concerns about the legality of Farotimi’s detention, with calls for adherence to the decriminalized status of defamation in Lagos State law. The case highlights ongoing issues surrounding the enforcement of laws and the rights of individuals in Nigeria.
