‘Defamation not criminal offence in Lagos’ — NBA demands release of Farotimi

The Nigerian Bar Association (NBA) has called for the release of Dele Farotimi, a human rights advocate, from police custody.

On Tuesday, Farotimi was arrested at his office in Lagos by officers attached to the Ekiti police command, over a petition pertaining to alleged defamation and cyber bullying.

Sunday Abutu, Ekiti police spokesperson, told TheCable that the command obtained a warrant of arrest against Farotimi.

The activist was transported to Ekiti state after his arrest.

Hours before his arrest, Farotimi said officers attached to the Ekiti police command had perfected plans to abduct him from Lagos.

He accused the command of deploying questionable means to lure him for arrest despite honouring the invitation of the zone 2 police headquarters in Lagos weeks ago.

The human rights advocate said he was questioned at the zone 2 headquarters following a petition.

The activist said the police officers from Ekiti command were acting on another petition allegedly filed by Afe Babalola, a senior advocate of Nigeria (SAN).

Farotimi added that his comments about Babalola were in a book published in Lagos and not Ekiti.

‘DEFAMATION NOT CRIMINAL OFFENCE IN LAGOS’

In a statement on Tuesday, Afam Osigwe, NBA president, said the arrest and invasion of Farotimi’s law firm “constitute a troubling breach of the rule of law and the sanctity of the legal profession”.

Osigwe said the alleged offence for which the activist was arrested is not recognised as a criminal offence in Lagos state.

“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 statement reads.

“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.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 offense 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 offense 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.

“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.”