By Ayo Kehinde
The Nigerian Bar Association has called for the immediate and unconditional release of human rights lawyer and activist, Dele Farotimi, who was arrested on Tuesday by the Ekiti State Police Command.
Farotimi was accused of defaming legal luminary Afe Babalola in his book, “Nigeria and Its Criminal Justice System”, where he alleged that Babalola influenced judicial decisions at the Supreme Court.
Following his arraignment at a Magistrate’s Court in Ado Ekiti on Wednesday, Farotimi pleaded not guilty to a 16-count charge of defamation and was subsequently remanded in prison.
In a statement signed by its National President, Afam Osigwe, the NBA condemned Farotimi’s arrest and described the incident as “a troubling breach of the rule of law and the sanctity of the legal profession.”
The association argued that the alleged offence does not constitute a criminal matter under Lagos State laws.
“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation. The Supreme Court affirmed this position in Aviomoh v. Commissioner of Police & Anor (2021), ruling that defamation ceased to be a criminal offence in Lagos State. Arresting Dele Farotimi on allegations of libel, therefore, violates these legal principles,” the NBA stated.
The association urged the police to respect the law and immediately release Farotimi, adding that law enforcement agencies must prioritise human rights and uphold the rule of law.
Former Vice President, Atiku Abubakar, decried Farotimi’s arrest, describing it as reminiscent of military-era oppression.
In a statement on Wednesday, the 2023 presidential candidate of the Peoples Democratic Party said the incident reflects a worrying trend of suppressing dissent.
“This arrest exemplifies this administration’s intent to silence critics and pave the way for a one-party state. Freedom of speech is a constitutionally protected right, and any grievances over defamation should be pursued in court, not through police intimidation,” Atiku said.
He added, “I have been defamed in the past but sought redress through legal means rather than using the police as a tool for personal vendettas. The police should not serve as enforcers of private interests.”
Similarly, Labour Party’s 2023 presidential candidate, Peter Obi, condemned the arrest via a post on X (formerly Twitter).
Obi described the police action as “a gross abuse of power and a serious assault on democratic principles.”
“Defamation is a civil matter to be resolved in court. The Nigerian Police Force must uphold citizens’ rights and avoid being weaponized to settle personal disputes,” Obi wrote.
He expressed concerns about the independence and professionalism of the police, urging them to focus on their constitutional duties to the public rather than political agendas.
“The resort to police intervention in this case undermines justice and raises questions about the integrity of the force,” Obi noted.
Both political leaders reiterated the importance of safeguarding free speech and human rights in a democratic society, calling for Farotimi’s immediate release and respect for the rule of law.
Similarly, the Rule of Law and Accountability Advocacy Centre, RULAAC , has described the abduction-style operation involving the Nigeria Police in the case of Farotimi as a stark reminder of the lawlessness afflicting the institution, which is ostensibly meant to uphold the law and protect citizens’ human rights.
Executive Director of RULAAC, Okechukwu Nwanguma lamented that this incident occured shortly after the similar abduction of former Imo State Commissioner, Dr. Fabian Ihekweme a critic of Governor Hope Uzodinma and before him, Nonsonkwa, another critic and radio broadcaster in Imo State, highlighting a disturbing trend of police predation and propensity to violence.
He said that Farotimi was unlawfully taken from his former law chambers over a civil matter, constituting a violation of the Nigeria Police Act 2020.
‘The harassment inflicted upon him and other lawyers and staff of the law chambers reflects a gross failure of responsible policing.
“The statement from the Ekiti State Police Commissioner, asserting that operatives traveled from Ekiti to Lagos for an “investigation,” raises serious concerns about due process. Proper protocol dictates that arrests be made based on credible evidence, not as a precursor to investigation, showcasing a lack of professionalism.
RULAAC demands the immediate release of Dele Farotimi and a formal apology for the violations suffered by him and his colleagues during this incident.
“We urge the Inspector-General of Police to initiate a thorough investigation into the actions of these operatives and reaffirm his commitment to accountability, which is essential for restoring public trust in the police force.
Also, human rights lawyer and a Senior Advocate of Nigeria, SAN, Femi Falana has condemned Farotimi’s arrest and demanded that that he be ” unconditionally released from illegal custody “, arguing that Lagos State where he was arrested has, alongside Edo State, decriminalized defamation in its entirety.
