The Nigerian Bar Association (NBA) has demanded the immediate release of human rights advocate Dele Farotimi, who was arrested on Tuesday, December 3, 2024, in Lagos by officers from the Ekiti State Police Command.
Farotimi, accused of defamation and cyberbullying, was taken into custody and transported to Ekiti, sparking widespread criticism of the legality of the arrest.
The NBA described the incident as a breach of the rule of law and an attack on the sanctity of the legal profession. According to the association, the alleged offense of defamation is not recognized as a criminal offense in Lagos State.
In a statement, NBA President Afam Osigwe said, “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 The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.”
The arrest was allegedly based on a petition reportedly filed by Afe Babalola, a senior advocate of Nigeria. Farotimi maintains that his comments about Babalola were contained in a book published in Lagos, not Ekiti, and therefore, any dispute should not warrant police intervention or an arrest.
Osigwe referenced a Supreme Court ruling to emphasize that defamation is strictly a civil matter in Lagos. “The Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021) affirmed this position. Justice Helen Ogunwumiju 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.”
The NBA accused the police of acting outside their legal mandate, stating that “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.”
Before his arrest, Farotimi accused the Ekiti police of employing underhanded tactics to secure his custody despite his earlier cooperation with law enforcement. He noted that he had previously honored an invitation by Zone 2 Police Headquarters in Lagos regarding similar allegations.
The NBA urged law enforcement agencies to adhere to the principles of fairness and human rights. “We demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State. Authorities must also investigate the invasion of his law firm and hold those responsible accountable,” Osigwe concluded.
