Why NBA react to Police arrest of Dele Farotimi

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The Nigerian Bar Association (NBA) has criticised the arrest of lawyer Dele Farotimi by the Nigeria Police Force over alleged libel charges.

In a statement issued Tuesday night in Abuja, NBA President Afam Osigwe condemned Farotimi’s law firm’s reported invasion and alleged harassment of his staff and colleagues.

Osigwe described the police actions as a significant violation of legal principles and an attack on the sanctity of the legal profession.

Osigwe described the police actions as a significant violation of legal principles and an attack on the sanctity of the legal profession.

While acknowledging the police’s authority to investigate crimes, Osigwe said that such powers must be exercised within legal boundaries and pertain to offences recognised under Nigerian law.

“We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognised as a criminal offense under the laws of Lagos State.

“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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,” Osigwe said.

Senior Advocate of Nigeria (SAN), Femi Falana, disclosed that Human rights lawyer, Dele Farotimi, was arrested over an alleged criminal libel.

Falana, in a statement on Tuesday, revealed that Farotimi was arrested in Lagos State.

According to him, Farotimi was allegedly detained at his Lagos residence before being taken to Ado-Ekiti, Ekiti State, for questioning.

Farotimi’s arrest has drawn widespread condemnation from notable Nigerians, with many decrying the move as a misuse of power.

Earlier, Farotimi raised serious allegations of attempts to silence him through threats and harassment.

During a press conference in Lagos on Monday, Farotimi provided detailed accounts of what he described as coordinated efforts to intimidate him, his family, and associates.

Speaking to journalists, Farotimi said, “They want to silence me.” 

He detailed a series of events that began on Monday, November 11, 2024, when he received an invitation letter from the Zone 2 Police Command requesting his presence on Wednesday, November 13, 2024, over a defamation petition filed by Mr. Tony Elumelu.

Despite honoring the invitation alongside his legal counsel and being granted bail on self-recognition, Farotimi alleged that the situation escalated in the following days.

He revealed that pastors from the Realm of Glory International Churches, where he had recently been a guest speaker, were abducted and coerced by police officers from the Ekiti State Command into luring him to their church premises for an arrest.

He said: “It became evident that officers were operating outside standard procedures. If I had already reported to the police and was scheduled to return, why the need for such clandestine tactics?”

According to Farotimi, ‘the threats extended to my domestic staff, with individuals attempting to lure them under false pretenses. When their efforts failed, the individuals allegedly arrested a security guard and interrogated him about  home address and family details.

In light of these developments, Farotimi sought legal recourse by filing a petition at the Lagos State High Court to protect his fundamental human rights.

He also recalled a prior incident in 2021 when he disclosed an alleged murder plot against him, which he said was never investigated by the police.

He described the ongoing harassment as part of a broader agenda, accusing prominent lawyer Chief Afe Babalola of being complicit in attempts to silence him.

Farotimi asserted: “I wrote the book Nigeria and Its Criminal Justice System, and I stand by every word. If anyone feels aggrieved, there are lawful channels for redress. But what we see here is impunity and a clear abuse of power.”

He further expressed concerns that transferring the case to Ekiti State, where Chief Babalola holds significant influence, represents a calculated effort to deny him justice.

In his closing remarks, Farotimi declared: “Truth dies in darkness. I will not be silenced or intimidated. If I have committed any crime, I am in my home in Lagos, come and arrest me lawfully.”

Farotimi called on Nigerians and the international community to remain vigilant and ensure that justice is not subverted by intimidation and impunity.

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