NBA condemns Lagos lawyer Farotimi’s arrest, invasion of his office

The NBA said there is no legal basis for Mr Farotimi's arrest and demanded his immediate release.

The Nigerian Bar Association (NBA) has condemned the arrest of Dele Farotimi – a writer, lawyer, and rights advocate, by the Nigeria Police Force over allegations of libel.

The NBA also criticised the police over the arrest of the advocate in Lagos State where “libel is not a criminal offense.”

The NBA also condemned the reported invasion of Mr Farotimi’s law firm and the harassment of lawyers and staff.

“These actions constitute a troubling breach of the rule of law and the sanctity of the legal profession,” the NBA said Tuesday night in a statement issued by its President, Afam Osigwe, a Senior Advocate of Nigeria.

Mr Farotimi’s arrest followed a petition sent to the police in Ekiti State by a renowned lawyer, Afe Babalola, accusing Mr Farotimi of defamation.

Mr Babalola was said to have petitioned the police based on how he was characterised in a book, ‘Nigeria and its Criminal Justice System,’ authored by Mr Farotimi.

In a statement issued Tuesday night in Ado-Ekiti, the Ekiti State capital, the state command’s spokesperson, Sunday Abutu, confirmed that Mr Farotimi was in their custody.

Mr Abutu said that Mr Farotimi is under investigation in connection with a petition alleging defamation and cyberbullying.

“He was arrested today in Lagos with a warrant after all means deployed by the Command to bring him for interrogation proved abortive.

“He is currently in custody and will be arraigned as soon as investigation is concluded,” the statement added.

NBA slams police

However, the NBA said Tuesday that it “is gravely concerned about the arrest of Dele Farotimi @DeleFarotimi on allegations of libel, as well as the reported invasion of his law firm and the harassment of lawyers and staff within the premises.”

Alongside condemning the action, the NBA added that the allegations over which Mr Farotimi was arrested do not constitute an offence in Lagos State.

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 The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.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

The association cited a 2021 case of the Supreme Court in which a justice of the court, Helen Ogunwumiju, “unequivocally held that defamation ceased to be a criminal offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.”

“This authoritative pronouncement leaves no room for doubt,” the NBA said.

The NBA described the invasion of Mr Farotimi’s office as a troubling breach of the rule of law and the sanctity of the legal profession.

The association demanded Mr Farotimi’s immediate release, saying his arrest lacks any basis under the laws of Lagos State.

It also called on the authorities to swiftly launch an investigation into the invasion of his law firm, with the findings made public and those responsible held accountable.

The association of Nigerian lawyers also cautioned law enforcement agencies to prioritise 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,” the statement added.

Inibehe Effiong shares insights into Farotimi’s arrest

Inibehe Effiong, a lawyer, wrote on his Facebook wall on Tuesday that Mr Farotimi earlier briefed him on the attempt of the police in respect of a petition written against him by the legal icon, Afe Babalola.

Mr Effiong said Mr Farotimi told him that the senior lawyer was after him because of the content of his recently published book entitled, ‘Nigeria and its criminal justice system.’

“In the book, he (Farotimi) narrated his experiences with the justice system in Nigeria, including his personal experience in a case he was involved in some years ago involving the Senior Advocate of Nigeria.

“Based on what he told me, very highly placed individuals in the government have shown sinister interest in the case and are trying to deal with him,” he further added.

Mr Effiong also expressed concerns about the uncertainty of his current location as his immediate family did not have access to him as of that time.

Farotimi’s foreknowledge of arrest

Meanwhile, a review of Mr Farotimi’s X account by PREMIUM TIMES reporters shows that Mr Farotimi had foreknowledge of his possible arrest by the police in Ekiti State.

In the statement he posted on X on Monday, Mr Farotimi mentioned that on 11 November, he was informed of an invitation letter from Zone 2 Police Command in Lagos and he honoured the invitation on the same day.

“Subsequently, I met with the Deputy Commissioner of Police (DCP) and the Assistant Inspector-General (AIG) in charge of Zone 2. After discussions, I was released on bail on self-recognisance and asked to return to the station on Thursday, the 21st of November 2024.

“Following this, I informed my friend, Pastor Sam Aiyedogbon of Realm of Glory International Churches, about the incident. On Saturday, the 16th of November 2024, Pastor Sam informed me that one of the pastors in his church, John Ntekume, had been abducted by the police, interrogated, and then returned to the church.

“He was coerced to write a statement along with another pastor, Obiorah Ochokwu. The police showed them a petition written by Chief Afe Babalola in Ekiti State, addressed to the Ekiti State Police Command, and demanded that they lure me to the church to facilitate my arrest.”

He further said, “I found it perplexing that the police would attempt to lure me through such means, especially since I had already reported to Zone 2 on the 13th of November 2024 and was scheduled to return on the 21st of November 2024. During my visit, I even met with the Assistant Inspector General of Police (AIG) in charge of Zone 2, who supervises the entire Southwest police formations.”

Following this incident, the lawyer said he had been receiving suspicious messages and had approached the Lagos State High Court to seek the protection of his fundamental human rights.

Sowore cautions police

Omoyele Sowore, the presidential candidate of the African Action Congress (ACC) in the 2023 general elections, asked the police to release Mr Farotimi.

Mr Sowore, who shared his post on X before the police in Ekiti State confirmed having Mr Farotimi in custody, wrote, “It is pertinent that the Nigerian police are notified that the institution cannot continue to be used to settle personal scores, and we, the citizens of Nigeria, would no longer tolerate such a situation. Therefore, the @PoliceNG at Zone 2 in Lagos are advised to release Barrister @DeleFarotimi immediately.

“I call on the Nigeria Police Force to grant him access to his family and his lawyers and release Mr Dele Farotimi immediately.”

He condemned the use of the police to pursue private interest when the police are “supposed to serve the public interest.”