Human rights lawyer and activist, Dele Farotimi has been remanded in prison for allegedly defaming a legal luminary and founder of Afe Babalola University, Aare Afe Babalola, SAN.
It was earlier reported that Farotimi was arrested in Lagos on Monday by policemen from Ekiti State and whisked to Ado Ekiti following which he was arraigned before a Magistrate Court in Ado Ekiti on Wednesday.
Farotimi was arraigned in court over alleged defamation of character following his book, ‘Nigeria and its Criminal Justice System’ where he alleged, among others, that a Senior Advocate of Nigeria, Afe Babalola, had compromised the Supreme Court.
Chief Magistrate Abayomi Adeosun, after listening to the police prosecutor, Samson Osubu, who filed a 16-count allegations to which Farotimi pleaded not guilty, adjourned the matter till December 10, 2024.
Police prosecutor, Samson Osun called for the remand of the suspect in prison custody pending further investigation and its outcome for the maintenance of security in the country.
Counsel to the defendant, Dayo Akeredolu opposed the call, pleading with the court to admit the defendant to bail on very liberal terms and on self-recognisance.
According to him, the case at hand is bailable and the suspect is a known figure who is not constituting any threat.
He said the defendant is presumed innocent until proven guilty.
However, in his ruling, the presiding judge, Magistrate Abayomi Adeosun remanded the suspect in prison custody and adjourned till December 10.
Adeosun said, “The defendant should file a formal application for bail. The matter is adjourned till Tuesday, December 10, 2024. The defendant is hereby ordered remanded at the Correctional Centre, Ado Ekiti.”
Meanwhile, following his arrest different groups and personality has expressed their misgiving on the arrest.
In a statement he signed, Falana disclosed that Farotimi was arrested in Lagos State over alleged defamation on Tuesday, stating that his arrest was illegal.
Falana demanded Farotimi’s unconditional release from police custody, noting that Lagos State is among the two states in Nigeria that have decriminalised defamation.
The statement read, “I just confirmed that Mr. Dele Farotimi was arrested in Lagos today for alleged criminal libel.
READ ALSO: CBN Releases Emergency Phone Numbers For Reporting Cash Scarcity At ATMs
“In demanding Mr. Farotimi’s unconditional 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.”
Similarly, the Nigerian Bar Association also expressed grave concern on the arrest. In a statement issued on Tuesday by its President, Mazi Afam Osigwe, SAN, the NBA said, “While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.”
“This authoritative pronouncement leaves no room for doubt.
“Furthermore, under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only on conduct that constitutes a criminal offence under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is not only unlawful but also a blatant violation of the principles of legality and the rule of law.”
The NBA also criticised the reported invasion of Farotimi’s law firm, during which lawyers and staff were allegedly harassed and their phones confiscated.
“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,” Osigwe stated.
He described the actions as violations of constitutional rights to dignity and privacy.
The association called for the immediate release of Dele Farotimi, stating that his arrest lacks any legal basis under Lagos State laws.
It also demanded an investigation into the invasion of his law firm, with the findings made public and the perpetrators held accountable.
The NBA urged law enforcement agencies to prioritise legality, fairness, and respect for human rights in their operations.
“These principles are foundational to justice, democracy, and the protection of citizens’ freedoms,” Osigwe added.
Furthermore, the former Vice President of Nigeria and 2023 presidential candidate of the Peoples Democratic Party, Atiku Abubakar, strongly condemned the arrest and detention of Farotimi.
He said “The arrest and detention of lawyer and human rights advocate, Dele Farotimi, is unequivocally condemned. It serves as a grim reminder of the dark days of military dictatorship when the iron fist of tyranny sought to crush all dissent.
“I am made aware that Dele is being accused of defamation — an offence that, under normal circumstances, should not warrant the involvement of law enforcement. The Police’s intervention in such matters is nothing less than the use of a sledgehammer to swat a fly, an overreach of unimaginable proportions.
“Defamation, under normal circumstances, is a civil offence and does not warrant police intervention. The Police’s involvement in this case is akin to using a sledgehammer to swat a fly—an overreach of unimaginable proportions,” Atiku said.
“The arrest—or more appropriately, the abduction—of Dele Farotimi is a clear indication of this administration’s agenda to stifle free expression and intimidate dissenting voices. These actions are paving the way for a one-party state, which is completely contrary to the principles of democracy,” Atiku said.
Atiku reminded the government that freedom of speech and association are constitutionally protected rights, not privileges granted at the discretion of the state.
Atiku stated, “If anyone feels aggrieved by defamatory remarks, the courts are there to provide redress—not the heavy-handed intervention of the Police. In 2019, I was defamed, but I sought justice in court, not through police intimidation. That is how democracy works.”
“It is an appalling abuse of power to use the Police for personal vendettas. The Tinubu administration must realize that repeated arbitrary arrests and harassment contradict the democratic principles they claim to uphold,” Atiku added.
