NBA, Police At Loggerheads Over Dele Farotimi’s Arrest

The New Diplomat
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  • NBA Breaks Silence, Criticizes Police Over Alleged Harassment Of Dele Farotimi
  • Police: “Farotimi’s Arrest Was In Line With Law And Constitution”

By Abiola Olawale

The Nigerian Bar Association (NBA) and the Nigerian Police Force(NPF)are at loggerheads over the arrest of a prominent human rights lawyer, Dele Farotimi.

It would be recalled that reports had emerged on Tuesday revealing that Farotimi was arrested over an alleged criminal libel.

The NBA, in its reaction, voiced its discontent regarding the arrest of Farotimi, by the Nigerian Police.

In a press statement issued on Wednesday , the NBA President Afam Osigwe condemned the arrest and the purported action of the police.

Osigwe said it is troubling to hear reports of the alleged invasion of Farotimi’s law office and the purported harassment experienced by his staff and legal colleagues.

According to the NBA President, the purported action of the Police was not in line with the law and constitution.

Osigwe also argued that in cases of criminal libel, the charge at the centre of this incident, is not recognized as a criminal offence under Lagos State law.

He noted that the 2011 Criminal Law of Lagos State decriminalized defamation, shifting it to a civil matter. This move aligns with global practices that treat defamation as a civil wrong.

The NBA also expressed concern over the police’s conduct, highlighting that their authority must be exercised within legal limits, especially when investigating matters that do not constitute criminal offences under Nigerian law.

The statement reads in part: “We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognised as a criminal offence 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 The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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.”

However, the Commissioner of Police in Ekiti State, Adeniran Akinwale, in his reaction maintained that Farotimi was arrested for various alleged offences.

The commissioner said that police operatives arrested Farotimi for alleged offences that included included defamation of character, cyberstalking, and others.

He made this known while speaking with the press, reiterating that the arrest of Farotimi was done within the law.

He stated: “That was why we have been looking for him before we were able to arrest him.

“We are investigating him. If the suspect is arrested, we will bring him for investigation. We will conduct our investigation and will be able to know his level of culpability or otherwise.”

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