The Nigerian Bar Association (NBA) has expressed deep concern over the arrest of Dele Farotimi on allegations of libel, coupled with reports of an invasion of his law firm and harassment of lawyers and staff. The NBA decried these actions as blatant violations of the rule of law and the independence of the legal profession.
In a statement issued by its President, Mazi Afam Osigwe, SAN, the NBA highlighted that defamation, the alleged offense for which Mr. Farotimi was arrested, is not a criminal offense under the laws of Lagos State. The Criminal Law of Lagos State 2011 decriminalized defamation, a move affirmed by the Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021).
“The Nigerian Police Force has no authority to arrest individuals for non-criminal matters, such as defamation, in Lagos State. Such actions contravene the principles of legality and the rule of law,” the NBA emphasized.
Adding to its concerns, the NBA condemned the alleged invasion of Mr. Farotimi’s law firm, where lawyers and staff were reportedly harassed, and their phones confiscated. The association described these acts as violations of constitutional rights, including dignity and privacy, as well as an attack on the sanctity of the legal profession.
The NBA has demanded the immediate release of Mr. Farotimi and called for a thorough investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.
The association urged law enforcement agencies to adhere to the principles of legality, fairness, and respect for human rights in their operations, stating that such principles are vital for justice and democracy.
This development raises critical questions about the state of the rule of law and the independence of the legal profession in Nigeria.