The Nigerian Bar Association has called for the immediate and unconditional release of human rights lawyer and activist, Dele Farotimi, who was arrested on Tuesday by the Ekiti State Police Command.
Farotimi was accused of defaming legal luminary Afe Babalola in his book, “Nigeria and Its Criminal Justice System”, where he alleged that Babalola influenced judicial decisions at the Supreme Court.
Following his arraignment at a Magistrate’s Court in Ado Ekiti on Wednesday, Farotimi pleaded not guilty to a 16-count charge of defamation and was subsequently remanded in prison.
In a statement signed by its National President, Afam Osigwe, the NBA condemned Farotimi’s arrest and described the incident as “a troubling breach of the rule of law and the sanctity of the legal profession.”
The association argued that the alleged offence does not constitute a criminal matter under Lagos State laws.
“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation. The Supreme Court affirmed this position in Aviomoh v. Commissioner of Police & Anor (2021), ruling that defamation ceased to be a criminal offence in Lagos State. Arresting Dele Farotimi on allegations of libel, therefore, violates these legal principles,” the NBA stated.
The association urged the police to respect the law and immediately release Farotimi, adding that law enforcement agencies must prioritise human rights and uphold the rule of law.
Former Vice President, Atiku Abubakar, decried Farotimi’s arrest, describing it as reminiscent of military-era oppression.
In a statement on Wednesday, the 2023 presidential candidate of the Peoples Democratic Party said the incident reflects a worrying trend of suppressing dissent.
“This arrest exemplifies this administration’s intent to silence critics and pave the way for a one-party state. Freedom of speech is a constitutionally protected right, and any grievances over defamation should be pursued in court, not through police intimidation,” Atiku said.
He added, “I have been defamed in the past but sought redress through legal means rather than using the police as a tool for personal vendettas. The police should not serve as enforcers of private interests.”
Similarly, Labour Party’s 2023 presidential candidate, Peter Obi, condemned the arrest via a post on X (formerly Twitter).
Obi described the police action as “a gross abuse of power and a serious assault on democratic principles.”
“Defamation is a civil matter to be resolved in court. The Nigerian Police Force must uphold citizens’ rights and avoid being weaponized to settle personal disputes,” Obi wrote.
He expressed concerns about the independence and professionalism of the police, urging them to focus on their constitutional duties to the public rather than political agendas.
“The resort to police intervention in this case undermines justice and raises questions about the integrity of the force,” Obi noted.
Both political leaders reiterated the importance of safeguarding free speech and human rights in a democratic society, calling for Farotimi’s immediate release and respect for the rule of law.