Atiku, Obi, condemn Farotimi’s arrest, say assault on democracy as NBA, HURIWA, Falana, others demand lawyer’s release
The presidential candidate of the Peoples Democratic Party(PDP) Alhaji Atiku Abubakar, and that of Labour Party(LP) Peter Obi, have condemned the arrest and detention of human rights lawyer Dele Farotimi, characterising the incident as a severe violation of democratic principles and an abuse of state authority.
In a statement released on Tuesday, Obi referred to Farotimi’s arrest as “a grave assault on democracy,” asserting that authorities are misusing police powers to suppress dissent.
“I condemn this action entirely. It is an attempt to intimidate opposing voices and a significant misuse of police authority,” the former governor of Anambra emphasised.
He called for Farotimi’s immediate and unconditional release and urged law enforcement to prioritise the constitution and the Nigerian populace over their narrow individual interests.
Atiku, the former vice president, echoed these sentiments, likening the arrest to oppressive tactics used during Nigeria’s military regimes.
“The detention of Dele Farotimi is a grim reminder of the dark days when tyranny sought to extinguish all forms of dissent,” he remarked.
Atiku dismissed the defamation claims against Farotimi as a civil matter that should not involve police intervention.
READ ALSO: Police arrest Human Rights lawyer, Dele Farotimi, over scuffle with UBA CEO
“The Police’s involvement in such issues constitutes an unimaginable overreach. Freedom of speech and association are constitutionally protected rights,” he stated.
Farotimi’s arrest followed a defamation complaint made by Tony Elumelu, chairman of UBA, although Farotimi had previously reported to the police voluntarily regarding the matter.
Both leaders voiced their concern over the disturbing trend of utilising state machinery to intimidate dissenting voices, warning that such actions are detrimental to Nigeria’s democracy.
“It is critical to remind the Tinubu administration that these ongoing arrests starkly contradict the tenets of democracy,” Atiku said.
In a related development, the Nigerian Bar Association (NBA) has joined the call for the immediate release of detained human rights lawyer, Dele Farotimi by the Nigerian Police Force(NPF).
In a statement signed by its president, Mazi Afam Osigwe, SAN, the NBA expressed deep concern over Farotimi’s detention on libel allegations, pointing out that defamation is no longer considered a criminal offense in Lagos State.
The NBA stated, “While we acknowledge the powers of the Nigerian Police Force to arrest and investigate crimes, we firmly believe such powers must be exercised within legal confines and respect for recognised offenses.
“It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognised as a criminal offence under the laws of Lagos State.
“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.
Previously, defamation was criminalised under the Criminal Code applicable in Southern Nigeria.
“However, Lagos State modernised its criminal law framework through the enactment of the 2011 law, aligning with global best practices that treat defamation as a civil wrong, not a criminal offence.
“This position was emphatically affirmed by the Supreme Court in Aviomoh v.
Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju held that defamation ceased to be a criminal offence in Lagos State following the enactment of the Criminal Law of Lagos State 2011.”
READ ALSO: Farotimi prosecuted, remanded in prison
The NBA further pointed out that the Nigerian Police Force derives its powers to arrest and investigate crimes under Sections 4 and 24 of the Police Act, 2020, which mandate the police to act only on criminal matters under Nigerian law.
Arresting individuals for non-criminal matters, such as defamation in Lagos State, was described as a clear violation of legal principles and an affront to the rule of law.
The NBA strongly demanded the immediate release of Dele Farotimi and urged the Nigerian Police Force to exercise its powers responsibly and in accordance with the law.
The association also called for law enforcement agencies to prioritise respect for human rights and adherence to legal principles, which are essential to the administration of justice and the protection of citizens.
Reacting to Farotimi’s arrest, Mr Femi Falana, SAN, called for the unconditional release of the activist.
Falana, in a statement said: “I just confirmed that Mr Dele Farotimi was arrested in Lagos today (yesterday) for alleged criminal libel.
“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.”
On its part, Human Rights Writers Association of Nigeria (HURIWA) called for an end to persistent harassment and immediate release of Farotimi.
The group condemned the arrest describing it as an assault on democracy and a blatant attempt to silence dissenting voices in Nigeria.
The group expressed shock at the reported “ordeal of Dele Farotimi, who was detained by the Nigeria Police Force at Zone 2, Lagos, over allegations stemming from a defamation petition reportedly filed by Tony Elumelu, Chairman of the UBA Group, and another petition by Afe Babalola, founder of Afe Babalola University, Ado-Ekiti (ABUAD).”
HURIWA found it deeply concerning that Farotimi, who has been a vocal critic of corruption and human rights violations, is being subjected to what appears to be a targeted campaign of harassment and intimidation.
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