A renowned human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has emphasized the inherent limitations within constitutional freedoms. This statement comes in the wake of the controversial arrest of fellow human rights lawyer, Dele Farotimi, over alleged criminal libel.
Speaking on News Central TV with Soni Irabor, Falana asserted, "Every freedom provided by the constitution is limited for public interests." His remarks show the delicate balance between individual liberties and societal needs, a topic that has gained renewed attention following Farotimi's detention.
Farotimi was apprehended in Lagos State, despite the state's decriminalization of defamation, a legal stance confirmed by the Supreme Court of Nigeria in the case of Aviomoh v Commissioner of Police & Anor. (2021). Falana has been vocal about the illegality of the arrest, demanding Farotimi's immediate release. He stated unequivocally, "Lagos State is among the two states in Nigeria that have decriminalised defamation in its entirety."
The arrest was initially disclosed by Omoyele Sowore, the 2023 presidential candidate of the African Action Congress, via a post on his X handle. The incident has reignited debates over the boundaries of free expression and the role of state power in regulating speech.
Falana's comments reflect a broader discourse on constitutional rights, echoing the principles enshrined in international human rights treaties. These treaties allow for certain restrictions on rights to protect national security, public order, and the rights of others, provided such limitations are lawful and necessary in a democratic society.
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