The Nigerian Bar Association (NBA) has expressed profound concern over the arrest of lawyer and activist Dele Farotimi on allegations of libel, as well as reports of an invasion of his law firm in Lagos. The association described these actions as grave violations of the rule of law and an attack on the independence and sanctity of the legal profession.
In a statement issued on Tuesday, NBA President Mazi Afam Osigwe, SAN, emphasized that while the Nigerian Police Force has the authority to investigate crimes, such power must be exercised within the bounds of the law and only in respect of recognized criminal offences.
Osigwe pointed out that the alleged offence of libel, for which Farotimi was reportedly arrested, is no longer a criminal offence under Lagos State law. Citing the Criminal Law of Lagos State 2011, he noted that defamation was decriminalized, aligning with global best practices that treat defamation as a civil matter.
Referencing the 2021 Supreme Court decision in Aviomoh v. Commissioner of Police & Anor, Osigwe reiterated that Justice Helen Ogunwumiju affirmed defamation ceased to be a criminal offence in Lagos State following the 2011 legislation. “This authoritative pronouncement leaves no room for doubt,” he stated.
Osigwe further criticized the arrest as a violation of the Police Act 2020, which mandates law enforcement to act only on conduct constituting a criminal offence under Nigerian law. He argued that arresting individuals for defamation in Lagos State contravenes legality and the principles of the rule of law.
The NBA also condemned the reported invasion of Farotimi’s law firm, during which lawyers and staff were allegedly harassed, and their phones confiscated. Osigwe decried the actions as affronts to the constitutional rights to dignity and privacy, emphasizing that such conduct undermines the independence of the legal profession and democracy.
The NBA called for:
- Immediate Release of Farotimi: The association described his detention as lacking any legal basis under Lagos State law.
- Investigation Into the Law Firm Invasion: The NBA demanded a thorough probe, publication of findings, and accountability for those responsible.
- Respect for Legal Norms: Osigwe urged law enforcement agencies to uphold legality, fairness, and respect for human rights in all their operations.
“The legal profession is a cornerstone of justice and democracy,” Osigwe concluded. “Undermining its independence is a direct assault on the rule of law, and such actions must be addressed to safeguard citizens’ freedoms and the principles of justice.”
