The Nigerian Bar Association (NBA), under the leadership of its President, Mazi Afam Osigwe, SAN, has condemned the recent arrest of Dele Farotimi on allegations of libel, labeling it a violation of legal principles and the rule of law.
The NBA highlighted that defamation, including libel, is no longer a criminal offense in Lagos State, following the enactment of the Criminal Law of Lagos State 2011. This legislation modernized Lagos’ legal framework, aligning it with global standards that treat defamation as a civil matter rather than a criminal one. The Supreme Court confirmed this in Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju underscored that criminal defamation was repealed by the 2011 law.
The NBA emphasized that the Nigerian Police Force, empowered by the Police Act of 2020, must confine its actions to addressing offenses recognized under Nigerian law. Arresting individuals for non-criminal matters, such as libel in Lagos State, constitutes an overreach of authority and an affront to justice.
The NBA called for the immediate release of Dele Farotimi and urged law enforcement agencies to uphold human rights and adhere to the rule of law, which are cornerstones of a just society.