Dele Farotimi: 'Libel is Not Crime": NBA Schools Afe Babalola, Police Over Arrest of Popular Lawyer
- The Nigerian Bar Association stated libel is no longer a criminal offence in Lagos State, criticizing the police for detaining Dele Farotimi
- The NBA referenced the Criminal Law of Lagos State 2011 and a Supreme Court ruling affirming defamation is a civil, not criminal, matter
- NBA President Mazi Afam Osigwe called for Farotimi’s release, urging law enforcement to respect legal boundaries and citizens' rights
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The Nigerian Bar Association (NBA) has strongly criticized the arrest of human rights lawyer Dele Farotimi on allegations of libel, describing the action as a violation of established legal principles in Lagos State.
Legit.ng had reported that Omoyele Sowore, the 2023 presidential candidate of the African Action Congress, announced the arrest on his X handle on Tuesday, December 3, revealing that Farotimi was detained over an accusation of defamation.
Source: Twitter
Libel is no longer a criminal offence in Lagos
Highlighting the legal framework in Lagos State, the NBA stated that libel is not recognized as a criminal offence under the Criminal Law of Lagos State 2011.
This clarification was outlined in a statement obtained by Legit.ng and signed by the association's president, Mazi Afam Osigwe, on Thursday, December 5.
According to the NBA, the law, which modernized the state's criminal code, omitted defamation from its provisions, treating it exclusively as a civil wrong in line with global best practices.
“This position has been affirmed by the Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju ruled that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011,” the NBA said in a statement.
NBA says arrest violates police mandate
The association further criticized the Nigerian Police Force, emphasizing that their powers to arrest and investigate crimes are limited to offences recognized under Nigerian law.
Citing Sections 4 and 24 of the Police Act 2020, the NBA noted that arresting individuals for defamation in Lagos State contravenes the law.
“Arresting Mr. Farotimi for a matter that is not criminal under the law is an affront to the rule of law and a misuse of police authority,” the statement read.
NBA demands the release of Farotimi
Osigwe, SAN, demanded the immediate release of Dele Farotimi and urged law enforcement agencies to prioritize adherence to legal principles and protecting citizens' rights.
“Law enforcement must exercise its powers responsibly and within the bounds of legality. Respect for human rights and the rule of law are essential to justice administration and the protection of citizens,” Osigwe said.
Peter Obi condemns arrest of Dele Farotimi
In a related development, Legit.ng reported that Peter Obi, former Labour Party (LP) presidential candidate condemned the arrest, calling it a misuse of police power and an assault on democracy and justice in Nigeria.
Obi reacted to the incident via his official X handle on Wednesday, December 4.
Source: Legit.ng
