Dele Farotimi, a prominent human rights lawyer and political activist, was arrested on December 3, 2024, in Lagos, Nigeria. His arrest was based on allegations of criminal libel, following a defamation petition filed by senior lawyer Afe Babalola. The arrest has sparked significant controversy and condemnation from various quarters, including the Nigerian Bar Association (NBA) and other legal experts.
The circumstances surrounding Farotimi's arrest are complex and have raised questions about the legality of the actions taken by the police. According to reports, Farotimi was apprehended by operatives of the Ekiti Police Command, allegedly at the behest of Afe Babalola, due to defamatory statements purportedly made by Farotimi in a publication he authored. Following his arrest, Farotimi was reportedly transported by road to Ekiti State, which further fueled public outcry and demands for his immediate release.
The NBA, through its President Afam Osigwe, has strongly criticized the arrest, labeling it as a "troubling breach of the rule of law and the sanctity of the legal profession." The association highlighted that the alleged offense of libel is not recognized as a criminal offense under the laws of Lagos State.
This position is supported by the Criminal Law of Lagos State 2011, which decriminalized defamation, aligning with global best practices that treat defamation as a civil wrong rather than a criminal offense. The Supreme Court of Nigeria affirmed this stance in the case of Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju held that defamation ceased to be a criminal offense in Lagos State.
Femi Falana, a Senior Advocate of Nigeria, also condemned the arrest, asserting that it was illegal and demanding Farotimi's unconditional release. Falana emphasized that Lagos State is one of the two states in Nigeria that have entirely decriminalized defamation, thus rendering the arrest baseless under the current legal framework.
In addition to the legal arguments against the arrest, there have been reports of an invasion of Farotimi's law firm, where lawyers and staff were allegedly harassed, and their phones confiscated. This action has been described as a severe disregard for the sanctity of legal practice and a violation of constitutional rights to dignity and privacy. The NBA has called for an investigation into these incidents, urging that those responsible be held accountable.
The arrest has also drawn attention on social media platforms, particularly Twitter, where calls for Farotimi's release have gained momentum. Prominent figures, including Omoyele Sowore, a former presidential candidate, have voiced their support for Farotimi, highlighting the broader implications of his arrest on freedom of expression and the independence of the legal profession in Nigeria.
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