•Slam Police For Unlawful Conduct
The Nigerian Bar Association, NBA, has demanded the immediate release of a detained human rights lawyer and activist, Dele Farotimi, by the Nigerian Police Force, NPF.
This was as the Pan-Yoruba socio-political organisation, Afenifere, condemned what it described as the “abduction” of the civil rights activist and called for his immediate release.
The NBA in a statement signed by its president, Mazi Afam Osigwe, SAN, said it was deeply concerned that Farotimi was arrested over alleged libel.
Contending that defamation had since been decriminalised in Lagos State, the NBA maintained that Farotimi’s arrest was not only in clear violation of legal principles but an affront to the rule of law.
It said: “While we recognise the powers of the Nigerian Police Force to arrest and investigate crimes, we firmly believe that such powers must be exercised within the confines of the law and in respect of offences known to law.
“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“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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.
“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.
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“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.
“The NBA unequivocally demands the immediate release of Dele Farotimi and calls on the Nigerian Police Force to exercise its powers responsibly and strictly in accordance with the law.
“We also urge all law enforcement agencies to prioritise respect for human rights and adherence to the principles of legality, as these are foundational to the administration of justice and the protection of citizens,” the statement further read.
Meanwhile, a statement by the Deputy Leader and National Publicity Secretary of Afenifere, Oba Oladipo Olaitan, and Prince Justice Faloye, Afenifere National Publicity Secretary respectively, condemned the Farotimi’s illegal arrest.
The statement reads: “Afenifere condemns this act of the Nigerian Police as illegal, crude, uncivilised and most unacceptable in a country that lays claims to democratic practices. Afenifere hereby calls for the immediate release of Dele Farotimi or that he be taken to court immediately as he is presumed innocent of all charges, the proof of which is the burden of his accusers no matter how highly placed.
“Dele Farotimi is a known critic of government, an anti-corruption crusader in the judiciary and advocate of equity and true federalism and should not be subjected to terror under the guise of interrogation for nebulous allegations by the security forces and other agencies of government. There are rumors that the police and its sponsors are planning to use the instrumentality and the technicality of the law to detain and remand him in prison for 30 or more days.
“Afenifere once again implores all believers in democracy and civil rights to rise against this habitual crude and uncivilised style of our law enforcement officers which are not quite dissimilar from those of criminal gangs with no regard for the rights of citizens.”
Olamilekan Adigun is a graduate of Mass Communication with years of experience in journalism embedded in uncovering human interest stories. He also prioritises accuracy and factual reportage of issues.
