The Nigerian Bar Association (NBA) has criticised the arrest of lawyer and activist Dele Farotimi on allegations of libel and the reported invasion of his law firm by law enforcement agents.
The association described the actions as a “grave breach of the rule of law” and an assault on the sanctity of the legal profession.
In a statement issued by the NBA President, Mazi Osigwe, the association emphasised that libel is no longer a criminal offense in Lagos State.
The Criminal Law of Lagos State 2011 repealed the criminalization of defamation, aligning with global standards that treat defamation as a civil matter.
This position was affirmed by the Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju, JSC, declared that defamation ceased to be a criminal offense in Lagos State following the enactment of the 2011 law.
The NBA highlighted that the Nigerian Police Force, under the Police Act 2020, is authorised to act only in cases involving conduct that constitutes a criminal offense under Nigerian law.
NBA said arresting Farotimi for defamation, a non-criminal matter in Lagos State, was deemed unlawful and a violation of the rule of law.
Equally troubling, according to the NBA, was the reported invasion of Farotimi’s law firm, where lawyers and staff were allegedly harassed, and their phones confiscated.
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The association described these actions as a disregard for the constitutional rights to dignity and privacy and a threat to the independence of the legal profession.
“The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law,” the NBA said in its statement.
The NBA called for the immediate release of Farotimi, asserting that his arrest lacks legal justification.
It also demanded a thorough investigation into the invasion of his law firm, with findings made public and those responsible held accountable.
The association urged law enforcement agencies to uphold principles of legality, fairness, and respect for human rights, emphasising their role as foundations of justice and democracy.
