The Nigerian Bar Association (NBA) has stated that the Nigeria Police Force (NPF) violated the constitution in its arrest of Dele Farotimi, a human rights lawyer and activist, for alleged defamation.
Police officers from the Ekiti Police Command arrested Farotimi on Tuesday in Lagos and drove him to Ekiti where he has been remanded until a court hearing on December 10.
Mazi Afam Osigwe, president of the NBA, in a statement published by the body on Tuesday, said that Farotimi’s arrest was illegal as the offence he was arrested for has since been decriminalised under the Criminal Law of Lagos State 2011.
He revealed that defamation as a criminal law was repealed by the Supreme Court in a case between Aviomoh v. Commissioner of Police & Anor (2021) in 2021.
Also, the NBA president stated the power of the NPF to arrest and investigate crimes according to Sections 4 and 24 of the Police Act (2020) mandates that citizens are not arrested for non-criminal matters.
“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 NBA stated.
“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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. 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.”
Farotimi is being held over the contents of Nigeria and its Criminal Justice System, a book he authored. He was accused of defaming Afe Babalola, a senior advocate of Nigeria. He is currently facing 16 charges.