Human rights activist and lawyer Dele Farotimi has been remanded by an Ado Ekiti Magistrate court sitting in the Ekiti State capital over an alleged defamation claim filed Afe Babalola.
Mr Farotimi was arrested in Lagos Tuesday morning and transported to Ado Ekiti.
Farotimi was arraigned by Ekiti State Police Command Wednesday on a 16-count charge based on claims that his book “Nigeria and its Criminal Justice System” defamed Afe Babalola by alleging that Afe Babalola corrupted the Judiciary and procured judgements in the Supreme Court.
Farotimi pleaded not guilty to the charges, his counsel Dayo Akeredolu urged the court to grant him bail since the offence was bailable. But the presiding magistrate, Abayomi Adeosun, agreed with the police prosecutor, Samson Osun, to keep Farotimi and he remanded till December 10 when the case comes up for hearing again.
The Nigeria Bar Association and other rights groups called for his release Wednesday noting that the police was trampling on the Nigerian Constitution guaranteed fundamental rights to freedom of speech.
A statement by the President, NBA, Mazi Afam Osigwe (SAN) on Wednesday, said his arrest was a breach of the rule of law.
“The Nigerian Bar Association (NBA) is gravely concerned about the arrest of Dele Farotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises. These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession.
“While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offences recognized under Nigerian law.
“We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognized as a criminal offence under the laws of Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions. This progressive legislative move aligns with global best practices, which treat defamation as a civil wrong rather than a criminal offence.
“The Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021) affirmed this position. Justice Helen Ogunwumiju, JSC, unequivocally held that defamation ceased to be a criminal offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.
“Furthermore, under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only about conduct that constitutes a criminal offence under Nigerian law. “Arresting individuals for non-criminal matters, such as defamation in Lagos State, is not only unlawful but also a blatant violation of the principles of legality and the rule of law.
“Of equal concern is the reported invasion of Dele Farotimi’s law firm and the harassment of lawyers and staff within the premises. Reports that phones were confiscated from lawyers and staff during this invasion highlight a severe disregard for the sanctity of legal practice and the constitutional rights of individuals.
“The NBA unequivocally condemns the invasion of Mr. Farotimi’s law firm, the harassment of its lawyers and staff, and the unlawful seizure of their phones. Such actions are not only a violation of the constitutional right to dignity and privacy but also an affront to the independence of the legal profession.
“We, therefore demand the immediate release of Dele Farotimi, as his arrest lacks any basis under the laws of Lagos State. The authorities must swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.
“We urge law enforcement agencies to prioritize the principles of legality, fairness, and respect for human rights in their operations. These principles are foundational to justice, democracy, and the protection of citizens’ freedoms.”
Afe Babalola and Dele Farotimi