The Nigerian Bar Association (NBA) has strongly condemned the arrest of legal practitioner Dele Farotimi on allegations of libel, alongside the reported invasion of his law firm, where lawyers and staff were allegedly harassed, and their phones confiscated.
The NBA, in a statement issued by its President, Mazi Afam Osigwe, SAN, described the actions as a “troubling breach of the rule of law and the sanctity of the legal profession.”
The NBA emphasized that under the Criminal Law of Lagos State 2011, libel is no longer recognized as a criminal offense, aligning with global best practices that treat defamation as a civil matter. Referring to the Supreme Court’s 2021 decision in Aviomoh v. Commissioner of Police & Anor, Justice Helen Ogunwumiju unequivocally ruled that “defamation ceased to be a criminal offense in Lagos State.”
“The alleged offense for which Dele Farotimi was reportedly arrested lacks any legal basis under the laws of Lagos State,” the NBA said, adding that the Police Act, 2020, mandates law enforcement to act only concerning conduct that constitutes a criminal offense under Nigerian law.
The NBA expressed grave concern over reports that Farotimi’s law firm was invaded, with staff and lawyers allegedly harassed and their phones confiscated. The association called the incident a severe affront to the legal profession and constitutional rights.
“The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law,” the statement read.
The NBA demanded the immediate release of Dele Farotimi, as his arrest has no legal basis under Lagos State laws. It also called for an investigation into the invasion of Farotimi’s law firm, with findings made public and those responsible held accountable. Furthermore, the NBA urged respect for the legal profession’s independence and the constitutional rights of all citizens.
Mazi Afam Osigwe, SAN, reiterated the importance of adherence to the rule of law, urging law enforcement agencies to respect the principles of legality, fairness, and human rights. “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,” the statement concluded.
