The case of lawyer and human rights activist Dele Farotimi has recently hit the legal headlines in Nigeria. He appeared before an Ekiti State Magistrate’s Court on Wednesday, December 4, facing 16 counts of defamation related to alleged defamatory statements against Afe Babalola SAN, founder of Afe Babalola University, in his book, “Nigeria and Its Criminal Justice System.”
Farotimi’s arrest by Ekiti State Police operatives at his Lagos residence on Tuesday, December 3, was captured on video, sparking public outrage. The arrest has raised questions about press freedom, the rule of law, and the criminalization of defamation in Nigeria.
The Nigerian Bar Association (NBA) has strongly criticised the arrest, noting that Lagos State, where Farotimi was arrested, has decriminalised defamation. The association’s president, Afam Osigwe, described the arrest as a worrying violation of the rule of law, noting that in Lagos, defamation is treated as a civil matter.
Renowned lawyer and Senior Litigator (SAN) Femi Falana has also called for Farotimi’s immediate release, describing his arrest as unlawful. He believes that defamation in Lagos should be treated as a civil matter, not a criminal matter.
The charges against Farotimi include allegations of criminal defamation involving another high-ranking figure, Tony Elumelu, the Group Chairman of the United Bank for Africa. The charges are believed to be related to statements made in his book.
The NBA has called for the police to be held accountable for what it calls abuse of authority. The association stressed that the harassment of a lawyer in the exercise of his duties constitutes a serious attack on the legal profession.
This case has sparked a lively debate on press freedom, the rule of law and the criminalisation of defamation in Nigeria. It highlights the challenges faced by human rights defenders and legal professionals in the country.
It is essential to preserve freedom of expression and ensure that justice is delivered fairly and in accordance with international human rights standards. This case underscores the importance of protecting lawyers and journalists in the exercise of their duties, in order to preserve the integrity of the judicial system and respect for democratic principles.