The Nigerian Bar Association (NBA) has voiced deep concern over the arrest of lawyer and activist Dele Farotimi on allegations of libel, as well as reports of an unlawful invasion of his law firm in Lagos.
The NBA condemned these events as a serious breach of the rule of law and an assault on the integrity of the legal profession.
In a statement issued on Tuesday by its President, Mazi Afam Osigwe, SAN, the NBA emphasized that while the Nigerian Police Force has the legal authority to investigate crimes, such powers must be exercised within the boundaries of the law and in accordance with offences recognized under Nigerian law.
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The association also pointed out that the alleged libel for which Farotimi was reportedly arrested is not a criminal offence under Lagos State law.
It referred to the Criminal Law of Lagos State, 2011, which decriminalized defamation, in line with global best practices that categorize defamation as a civil matter, not a criminal one.
Citing the Supreme Court’s 2021 ruling in Aviomoh v. Commissioner of Police & Anor, Osigwe reminded that Justice Helen Ogunwumiju, JSC, had confirmed that defamation ceased to be a criminal offence in Lagos State with the passage of the 2011 law.
He stated, “This authoritative pronouncement leaves no room for doubt.
“Furthermore, under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only on conduct that constitutes a criminal offence under Nigerian law. 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 NBA also condemned the reported raid on Farotimi’s law firm, where lawyers and staff were allegedly harassed, and their phones were confiscated.
“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,” Osigwe stated.
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He characterized the actions as infringements on constitutional rights to dignity and privacy.
The association demanded the immediate release of Dele Farotimi, asserting that his arrest is unjustified under Lagos State law.
It also called for an investigation into the raid on his law firm, with the results to be made public and those responsible held accountable.
The NBA emphasized that law enforcement agencies must prioritize legality, fairness, and the protection of human rights in their actions.
“These principles are foundational to justice, democracy, and the protection of citizens’ freedoms,” Osigwe added.
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