Alleged Libel: NBA Berates Police, Says Dele Farotimi’s Arrest Illegal

The Nigerian Bar Association (NBA) has berated the Nigerian Police Force (NPF) over the arrest of its member, Dele Farotimi, in Lagos on Tuesday, saying the action of the Police over alleged offence of libel against the lawyer was unknown to law.

The NBA also condemned the invasion of the law firm of Farotimi and the alleged harassment of his staff and other lawyers at the premises, noting that such actions by the Police constituted a ‘troubling breach’ of the rule of law and the sanctity of the legal profession.

In a statement on Tuesday night signed by the NBA President, Mazi Afam Osigwe, SAN, he said while the Nigerian Police Force has the authority to investigate crimes, the power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.

NBA also noted 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.

“The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises. These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.

“We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offence under the laws of Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.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 offence.

“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 offence 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 offence 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.

“Of equal concern is the reported invasion of Dele Farotimi’s law firm and the harassment of lawyers and staff within the premises. Reports that phones were confiscated from lawyers and staff during this invasion highlight a severe disregard for the sanctity of legal practice and the constitutional rights of individuals. The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law.

“The NBA unequivocally condemns the invasion of Mr. Farotimi’s law firm, the harassment of its lawyers and staff, and the unlawful seizure of their phones. Such actions are not only a violation of the constitutional right to dignity and privacy but also an affront to the independence of the legal profession.

“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,” Mazi Osigwe stated.