• Says Libel Not a Criminal Offense

• Safiu Kehinde

The Nigerian Bar Association (NBA) has condemned the unlawful arrest of Human Rights lawyer, Dele Farotimi, as it demanded his immediate release.

This was contained in a statement issued on Tuesday by the association’s President, Afam Osigwe.

NPO reported that Farotimi was arrested earlier today over alleged defamation based on his recent publication.

With his whereabout still unknown, the NBA broke its silence as it expressed concern over the lawyers arrest.

As contained in the statement, NBA held that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offence under the laws of Lagos State.

The association also cites a 2021 Supreme Court verdict by Justice Helen Ogunwumiju who affirmed that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011.

NBA described defamation as a civil wrong and not a criminal offence which would have warranted Farotimi’s arrest.

The association further held that the Sections 4 and 24 of the Police Act, 2020, mandated the Nigerian Police Force 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.

NBA also condemned the invasion of Farotimi’s office and harrasment of his staff which it labelled as an assault on the rule of law.

The statement read in part; “The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises.

“These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.

“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 offenses recognized under Nigerian law.

“We must reiterate that the alleged offense of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offense under the laws of Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.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 offense.

“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.

“Of equal concern is the reported invasion of Dele 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 prioritize 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.”