The Nigerian Bar Association (NBA) has called for the immediate release of human rights lawyer and activist, Dele Farotimi, who was detained by the Nigerian Police Force (NPF) over allegations of libel.
In a statement signed by its president, Mazi Afam Osigwe, SAN, the NBA expressed grave concern over Farotimi’s arrest, describing it as a blatant violation of legal principles and an affront to the rule of law.
The association reminded the authorities that defamation has been decriminalised in Lagos State since the enactment of the Criminal Law of Lagos State in 2011.
The NBA’s statement highlighted that the decriminalisation of defamation aligns with global best practices, treating it as a civil wrong rather than a criminal offence.
Citing the Supreme Court’s 2021 decision in Aviomoh v. Commissioner of Police & Anor, the NBA noted that Justice Helen Ogunwumiju affirmed that defamation ceased to be a criminal offence in Lagos State following the 2011 law.
“While we recognise 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 offences known to law,” the NBA stated.
The association further criticised the police for exceeding their legal mandate by arresting individuals for non-criminal matters such as defamation.
It pointed out that the Police Act of 2020 empowers the NPF to act only in cases involving criminal offences 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 added.
The association urged law enforcement agencies to prioritise respect for human rights and the principles of legality to uphold justice and protect citizens.
In its demand for Farotimi’s immediate release, the NBA emphasised the need for the police to exercise their powers responsibly and within the boundaries of the law.
This incident has sparked widespread criticism from legal practitioners and human rights advocates, who see Farotimi’s arrest as a troubling precedent that could undermine the rule of law in Nigeria.
As the case unfolds, many are watching to see whether the Nigerian Police Force will heed the NBA’s call and uphold the principles of justice and legality.