The Nigerian Bar Association has called for the release of Human Rights Lawyer, Dele Farotimi over allegations of libel levelled against him.
A statement by the President, NBA, Mazi Afam Osigwe (SAN) on Wednesday, said his arrest was a breach of the rule of law.
The statement reads in part, “The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises. These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.”
“While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offences recognized under Nigerian law.”
“We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offence under the laws of Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions.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 offence.”
“The Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021) affirmed this position. Justice Helen Ogunwumiju, JSC, unequivocally held that defamation ceased to be a criminal offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.”
“This authoritative pronouncement leaves no room for doubt.”
