The Nigerian Bar Association (NBA) has criticised the arrest of human rights lawyer and activist, Dele Farotimi over allegations of libel, emphasising that such an offence is no longer criminal under Lagos State law.
Tribune Online reports that Farotimi, who was arrested in Lagos on Tuesday by operatives of the Ekiti State Police Command, was arraigned before a Magistrates’ Court sitting in Ado-Ekiti, the Ekiti State capital.
Reacting to the arrest on Wednesday, the NBA, in a statement signed by its President, Mazi Afam Osigwe, SAN, highlighted concerns over the misuse of police powers in cases that do not constitute criminal offences.
The NBA explained that the Criminal Law of Lagos State 2011 abolished the criminalisation of defamation, aligning with global standards that regard libel as a civil issue rather than a criminal one.
Prior to the legislation, defamation was treated as a criminal offence under the Criminal Code applicable in Southern Nigeria. However, the 2011 law modernised the state’s legal framework, excluding defamation from its provisions.
According to the statement, this interpretation was reinforced by a 2021 Supreme Court ruling, where Justice Helen Ogunwumiju affirmed that defamation ceased to be a criminal offence in Lagos State following the enactment of the 2011 law.
The NBA further noted that the powers of the Nigerian Police Force to arrest and investigate crimes, as outlined in the Police Act 2020, are limited to conduct that constitutes a criminal offence under Nigerian law.
Arresting an individual for libel in Lagos State, the association argued, contravenes these legal boundaries and undermines the principles of the rule of law.
The association called for the immediate release of the detained lawyer, urging law enforcement agencies to uphold human rights and adhere strictly to legal provisions to ensure justice and protect citizens’ rights.
The statement reads, “The Nigerian Bar Association (NBA) has been deeply concerned by the arrest of Dele Farotimi on allegations of libel. 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“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.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.
“Furthermore, 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.”
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