Lagos, Nigeria – The Nigerian Bar Association (NBA) has expressed deep concern over the arrest of prominent lawyer and activist Dele Farotimi on allegations of libel, alongside reports of the invasion of his law firm and harassment of its lawyers and staff. The association described these actions as a disturbing violation of the rule of law and the sanctity of the legal profession.
In a strongly worded statement, NBA President Mazi Afam Osigwe, SAN, highlighted the legal framework surrounding the issue, noting that the offence of libel is no longer classified as a criminal offence under Lagos State laws. According to the Criminal Law of Lagos State 2011, defamation has been decriminalised, aligning with global best practices that regard it as a civil matter rather than a criminal one.
This position was reaffirmed by the Supreme Court in the 2021 case of Aviomoh v. Commissioner of Police & Anor. Justice Helen Ogunwumiju unequivocally held that defamation ceased to be a criminal offence in Lagos State with the enactment of the Criminal Law of Lagos State 2011. The NBA stressed that this authoritative ruling underscores the unlawfulness of Mr Farotimi’s arrest for libel.
The association also pointed to the Nigerian Police Act, 2020, particularly Sections 4 and 24, which mandate the police to act only in cases involving conduct classified as criminal under Nigerian law. The arrest of Mr Farotimi, the NBA argued, violates the principles of legality and the rule of law since defamation is not recognised as a criminal offence in Lagos State.
Equally troubling, according to the NBA, is the reported invasion of Mr Farotimi’s law firm. Allegations that lawyers and staff were harassed and their phones confiscated during the incident demonstrate a blatant disregard for the sanctity of legal practice and individual constitutional rights. The NBA emphasised that such actions threaten the independence of the legal profession, which is fundamental to justice and democracy.
“The legal profession is a cornerstone of justice and democracy,” the statement read. “Any attempt to undermine its independence is a direct assault on the rule of law.”
The NBA unequivocally condemned the invasion of the law firm and the harassment of its personnel, describing the actions as a violation of constitutional rights to dignity and privacy. It called for the immediate release of Mr Farotimi, stating that his detention lacks any legal basis under Lagos State laws.
The association further demanded a thorough investigation into the invasion of Mr Farotimi’s law firm. It urged the authorities to ensure transparency in the investigation and hold those responsible accountable.
“Law enforcement agencies must prioritise the principles of legality, fairness, and respect for human rights in their operations,” the NBA’s statement concluded. “These principles are foundational to justice, democracy, and the protection of citizens’ freedoms.”
The NBA’s stance underscores its commitment to defending the rule of law and the independence of the legal profession in Nigeria.