Why the Arrest of Dele Farotimi Is Unlawful According to Lagos Laws – NBA
On December 3, 2024, prominent lawyer and human rights activist Dele Farotimi was arrested by the Nigerian Police Force on allegations of defamation. The arrest came just hours after Farotimi released a public statement detailing alleged harassment by law enforcement officers and what he described as attempts to silence him. Now, the Nigerian Bar Association (NBA) has declared his arrest unlawful, citing clear provisions under Lagos State laws.
In a strongly worded statement, NBA President Mazi Afam Osigwe, SAN, condemned Farotimi’s arrest and the reported invasion of his law firm, stating unequivocally that the arrest was not grounded in law. The NBA emphasised that under the Criminal Law of Lagos State 2011, defamation is no longer a criminal offense.
The association referenced the landmark case of Aviomoh v. Commissioner of Police & Anor (2021), where the Supreme Court, through Justice Helen Ogunwumiju, held that defamation ceased to be a criminal offense in Lagos State following the enactment of the 2011 law.
According to the NBA, “The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.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 offense.”
Further, the NBA pointed out that under the Police Act, 2020, specifically Sections 4 and 24, the Nigerian Police Force is only authorized to act on conduct that constitutes a criminal offense. By arresting Farotimi over an alleged act that is no longer criminal under Lagos State law, the police acted beyond their legal powers.
“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 statement read.
The NBA also expressed grave concern over reports of an invasion of Farotimi’s law firm, during which lawyers and staff were allegedly harassed, and their phones confiscated.
Calling it a “severe disregard for the sanctity of legal practice,” the NBA highlighted that such actions undermine the independence of the legal profession and violate constitutional rights.
“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 statement added.
Through these actions, the NBA argued, the police disregarded citizens’ fundamental rights, including privacy and dignity. The association condemned these acts as unconstitutional and called for accountability.
“The authorities must swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable,” the NBA demanded.
The NBA reiterated its call for the immediate release of Dele Farotimi, stating, “We, therefore, demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State.”
The association also urged law enforcement agencies to operate within the bounds of legality, fairness, and respect for human rights.
“These principles are foundational to justice, democracy, and the protection of citizens’ freedoms,” the statement concluded.
