The Nigerian Bar Association (NBA), a body of lawyers in Nigeria is calling for the immediate release of human rights activist and lawyer, Dele Farotimi who was arrested and detained for allegedly committing defamation against a senior lawyer, Chief Afe Babalola, SAN in Farotimi’s recently published book, titled “Nigeria and Its Criminal Justice System,”
NBA says libel, a type of defamation is not a crime.
Farotimi was arrested by the Nigeria Police on Tuesday in his Lagos home and driven several kilometres to Ekiti State where he was arraigned by a magistrate court and subsequently remanded in prison custody. He was denied bail.
A statement released and signed by NBA President, Mazi Afam Osigwe, SAN, on Thursday faulted the role of the police in the matter.
Osigwe said: “While we recognize the powers of the Nigerian Police Force to arrest and investigate crimes, we firmly believe that such powers must be exercised within the confines of the law and in respect of offenses known to law.
“It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognized as a criminal offense under the laws of Lagos State.”
The NBA also clarified that libel is not a criminal offence under the Nigerian law, and hence, condemned the manner of Farotimi’s arrest
“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions. Previously, defamation was criminalized under the Criminal Code applicable in Southern Nigeria.
“However, Lagos State modernized its criminal law framework through the enactment of the 2011 law, aligning with global best practices that treat defamation as a civil wrong, not a criminal offense.
“This position was emphatically affirmed by the Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju held that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011.” Osigwe said
He went on to point out that the police had abused the law of thr land by the manner they carried out the arrest, while advising all law enforcement agencies to always respect human rights.
He said: “the Nigerian Police Force derives its powers to arrest and investigate crimes under Sections 4 and 24 of the Police Act, 2020. These provisions mandate the Police to act only in respect of conduct that constitutes a criminal offense under Nigerian law.
“Arresting individuals for non-criminal matters, such as defamation in Lagos State, is a clear violation of these legal principles and an affront to the rule of law.
“The NBA unequivocally demands the immediate release of Dele Farotimi and calls on the Nigerian Police Force to exercise its powers responsibly and strictly in accordance with the law.
“We also urge all law enforcement agencies to prioritize respect for human rights and adherence to the principles of legality, as these are foundational to the administration of justice and the protection of citizens.” The NBA President said
