The Nigerian Bar Association (NBA) has stated that the Nigeria Police Force (NPF) violated the constitution in its arrest of Dele Farotimi, a human rights lawyer and activist, for alleged defamation.
Police officers from the Ekiti Police Command arrested Farotimi on Tuesday in Lagos and drove him to Ekiti where he has been remanded until a court hearing on December 10.
Mazi Afam Osigwe, president of the NBA, in a statement published by the body on Tuesday, said that Farotimi’s arrest was illegal as the offence he was arrested for has since been decriminalised under the Criminal Law of Lagos State 2011.
He revealed that defamation as a criminal law was repealed by the Supreme Court in a case between Aviomoh v. Commissioner of Police & Anor (2021) in 2021.
READ ALSO: FLASHBACK: Just 24 Hours Ago, Dele Farotimi Said They Wanted To Silence Him
Also, the NBA president stated the power of the NPF to arrest and investigate crimes according to Sections 4 and 24 of the Police Act (2020) mandates that citizens are not arrested for non-criminal matters.
“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 NBA stated.
“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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.
READ ALSO: FLASHBACK: Just 24 Hours Ago, Dele Farotimi Said They Wanted To Silence Him
“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.
“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 offence 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.”
Farotimi is being held over the contents of Nigeria and its Criminal Justice System, a book he authored. He was accused of defaming Afe Babalola, a senior advocate of Nigeria. He is currently facing 16 charges.
Our Stories
FLASHBACK: APC Chieftain Played Defence Before Returning to Slam Tinubu’s ‘Woeful Failure’ on TV
FACT-CHECK: Does VP Shettima Earn N12.1m in Annual Salaries, Allowances?
Nigerian Man in UK Risks Deportation After Consultant Oluyinka Onikepo Collected £3,500 Without Providing CoS
Court Sentences Gospel Singer Osinachi’s Husband to Death by Hanging
Access Bank Employs Dark Arts to Take Down FIJ’s Story on Ex-Staff Caught Filming Naked Colleagues
Kidnapped Kwara LGA Officers Regain Freedom
EXCLUSIVE: How VC Fasina Illegally Spent FUOYE’s N5m to Prosecute Personal Lawsuit
How Woman Died in Theatre as Hospital Named After Ex-Niger Gov’s Wife Battled With Generator
Rain Is a Curse for This Ogun Community Because of Bad Road
Kwara LGA Legal Officer, Colleague Kidnapped While Travelling Within State
Subscribe
Be the first to receive special investigative reports and features in your inbox.
One reply on “How Dele Farotimi’s Arrest Breaks Laws, Violates Rights”
It is only in Nigeria that a criminal that has confessed to stealing at police station, under interrogation and you hear that the accused claimed part of purported stolen money was from a big man and he couldn’t be asked to come and write statements at the station. It’s time the police overhaul itself and take out bad ones