NBA Calls for Immediate Release of Dele Farotimi Amid Alleged Libel Charges

The Nigerian Bar Association (NBA) has demanded the immediate release of human rights lawyer, Dele Farotimi, who was arrested over alleged libel charges. In a statement issued on Wednesday, the NBA President, Mazi Afam Osigwe (SAN), expressed deep concern over the incident, calling it a violation of the rule of law.

The statement reads: “The NBA is seriously alarmed by the arrest of Dele Farotimi on allegations of libel, as well as reports of the unlawful invasion of his law firm and the harassment of his lawyers and staff. These actions represent a disturbing breach of legal principles and the integrity of the legal profession.”

While acknowledging that the Nigerian Police Force has the authority to investigate criminal activities, the NBA emphasized that such power must be exercised within the limits of the law and only for offences defined under Nigerian law.

The NBA clarified that the alleged libel charge against Farotimi is not a criminal offence in Lagos State. The Criminal Law of Lagos State, 2011, decriminalized defamation, removing it from the list of criminal offences. This legislative change aligns with international best practices, treating defamation as a civil matter instead.

The Supreme Court’s ruling in Aviomoh v. Commissioner of Police & Anor (2021) further affirmed this stance. In that case, Justice Helen Ogunwumiju ruled that defamation was no longer considered a criminal offence in Lagos State following the enactment of the 2011 Criminal Law.

The NBA also referenced Sections 4 and 24 of the Police Act, 2020, which mandate that the police can only act concerning criminal offences under Nigerian law. The arrest of individuals for non-criminal actions, such as defamation in Lagos State, is not only unlawful but also an infringement on the rule of law and legality.

Equally concerning is the reported raid on Farotimi’s law firm, where lawyers and staff were allegedly harassed, and their phones confiscated. The NBA condemned these actions, noting they represent a serious violation of the legal profession’s independence and the constitutional rights of individuals.

The NBA stressed that the legal profession is fundamental to the justice system, and any attempt to undermine it is an attack on the rule of law. The NBA unequivocally condemned the invasion of Farotimi’s law firm, the harassment of its staff, and the illegal seizure of phones, calling them direct violations of privacy and dignity.

In conclusion, the NBA called for Farotimi’s immediate release, citing the absence of legal grounds for his arrest. The association also demanded a swift and transparent investigation into the invasion of his law firm, urging accountability for those involved.

“We call on law enforcement agencies to prioritize legality, fairness, and respect for human rights in their operations,” the statement concluded. “These are the cornerstones of justice, democracy, and the protection of citizens’ freedoms.