The Ekiti State Police Command has confirmed the arrest of Labour Party chieftain and human rights lawyer Dele Farotimi, citing allegations of defamation and cyberbullying. Police spokesperson Sunday Abutu revealed that the arrest was executed with a court warrant after previous attempts to bring Farotimi in for questioning had been unsuccessful. The police stated that Farotimi is currently in custody and will be arraigned once the investigation is concluded, though they declined to disclose the identity of the complainant who initiated the petition.
Nigerian Bar Association’s Stance
In a swift reaction, the Nigerian Bar Association (NBA) has vehemently condemned the arrest, asserting that the allegations do not constitute a criminal offense under Lagos State law. They emphasized that the Criminal Law of Lagos State 2011 explicitly repealed the criminalization of defamation, aligning with global best practices that treat such matters as civil issues. The NBA cited a 2021 Supreme Court case where Justice Helen Ogunwumiju unequivocally confirmed the decriminalization of defamation in Lagos State. The association demanded Farotimi’s immediate release and called for an investigation into the invasion of his law firm.
Political Voices Condemn the Arrest
Prominent political figures and activists united in their criticism of Farotimi’s arrest, viewing it as a direct assault on democratic freedoms. Labour Party’s presidential flagbearer in the 2023 election, Peter Obi described the action as a “gross misuse of police powers and a severe assault on democratic liberties.” Obi states that he has never used police to silence critics despite frequent personal defamation, as he called for Farotimi’s immediate release. In his statement:
“I condemn this action in totality. It represents not only an attempt to intimidate opposing voices from questioning authority.
“It is also a worrying signal to every Nigerian who loves and values freedom of expression and dares to demand accountability and transparency.
“As a private citizen, former governor, and even today, I am frequently defamed, insulted, and lied about and against.
“Yet, I have never resorted to using the Nigerian police or filing reports to silence others.
“I hereby request that Dele Farotimi should be released immediately and unconditionally. The police must recognize that their allegiance is to the Constitution and the people of Nigeria, not to narrow interests at the behest of those in power. A new more Just and fair Nigeria is possible.”
Femi Falana, a Senior Advocate of Nigeria (SAN), demanded the unconditional release of Farotimi, noting that Lagos State has decriminalized defamation. He said, “In demanding for Mr Farotimi’s unconditionally release from illegal custody, I wish to state, without any fear of contradiction, that Lagos State is among the two states in Nigeria that have decriminalised defamation in its entirety
“In fact, the current state of the law was confirmed by the Supreme Court of Nigeria in the case of Aviomoh v Commissioner of Police & Anor. (2021) LPELR-55203(SC) when Helen Ogunwumiju JSC held that “Defamation was decriminalised in the Criminal Law of Lagos in 2011 and Edo State Criminal Law Bill 2020.”
Likewise, activist Omoyele Sowore warned the police against using institutional power to settle personal scores, calling for Farotimi’s immediate release and access to his family and lawyers. Sowore stressed the importance of preventing the misuse of police powers for narrow personal interests.
Origin of the Conflict
According to lawyer Inibehe Effiong, the arrest stems from Farotimi’s recently published book, “Nigeria and its Criminal Justice System.” Effiong revealed that the book contains Farotimi’s personal experiences with the justice system, including a case involving senior lawyer Afe Babalola. He suggested that highly placed government individuals might have a vested interest in suppressing the book’s content. Farotimi himself had previously documented suspicious interactions with the police, including an alleged attempt to lure him through church pastors, and had proactively sought protection of his fundamental human rights through the Lagos State High Court.
