The Nigerian Bar Association (NBA) has called on the Nigerian Police Force (NPF) to immediately free Dele Farotimi, a human rights attorney and activist who has been detained.
The NBA voiced serious concerns about Farotimi’s detention on libel charges in a statement signed by Mazi Afam Osigwe, SAN, the organization’s president.
The NBA declared that Farotimi’s detention was an affront to the rule of law and a breach of legal standards, claiming that defamation is no longer a crime in Lagos State.
The statement read: “While we recognise 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 offences known to law.
“It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognised as a criminal offence under the laws of Lagos State.
“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions. Previously, defamation was criminalised under the Criminal Code applicable in Southern Nigeria.
“However, Lagos State modernised 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 offence.
“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 offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.”
The NBA further noted that Sections 4 and 24 of the Police Act, 2020, which require the police to exclusively act on criminal matters under Nigerian law, are the source of the Nigerian Police Force’s authority to make arrests and conduct investigations.
In Lagos State, arresting people for non-criminal offenses like defamation was characterized as a blatant disregard for the rule of law and a violation of legal norms. The NBA asked the Nigerian Police Force to use its authority sensibly and legally, and it vehemently requested Dele Farotimi’s immediate release.
The association also urged law enforcement organizations to give human rights and legal principles top priority, as these are crucial to the administration of justice.
By Jessica Okonkwo @The INDEPENDENT
