…as Court remands activist in Ado-Ekiti correctional center
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.
The NBA, which is the umbrella body of legal practitioners in the country, in a statement that was 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“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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.
“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 Chief Magistrate Court in Ekiti state on Wednesday ordered the remand of Farotimi in a correctional center in Ado-Ekiti.
The Human Rights Lawyer was standing on sixteen count charges which he pleaded not guilty.
The Chief Magistrate,Abayomi Adeosun adjourned the case till December 10.