* POLICE THREATENED TO SHOOT HIM – INIBEHE EFFIONG

Details have emerged on how fiery civil rights activist, Mr. Dele Farotimi was arrested by police operatives.

A CCTV footage seen by CITY LAWYER shows the operatives entering Farotimi’s office and taking some items before whisking him away.

Meanwhile, the Nigerian Bar Association (NBA); Mr. Peter Obi, Labour Party presidential candidate in the last general elections and fiery human rights activist, Mr. Inibehe Effiong have strongly condemned Farotimi’s arrest, calling for his immediate release.

Effiong revealed that the police threatened to shoot Farotimi if he did not release his phone set, adding that other lawyers in his law firm were also harassed by the operatives.

There are strong indications that Farotimi may have been arrested following a petition by Chief Afe Babalola SAN over alleged defamatory remarks in Farotimi’s recent book, “Nigeria and its criminal justice system.”

CITY LAWYER gathered that Farotimi has been ferried to Ekiti State where the petition reportedly originated.

Confirming Farotimi’s transfer to Ekiti State, the Ekiti State Police Command noted in a statement issued by its spokesman, Mr. Sunday Abutu that the activist is in its custody.

The statement reads: “The Ekiti State Police Command wishes to inform members of the public that one Mr Dele Farotimi is undergoing investigation following a petition written against him to the Office of the Commissioner of Police, Ekiti State Command for an allegation of defamation of character and cyberbullying.

“He was arrested today in Lagos with a warrant after all means deployed by the Command to bring him for interrogation proved abortive.

“He is currently in custody and will be arraigned as soon as investigation is concluded”, it added

The NBA said in a statement by its President, Mr. Afam Osigwe SAN that it was “deeply concerned” by Farotimi’s arrested on allegations of libel, adding that “While we recognize the powers of the Nigerian Police Force to arrest and investigate crimes, we firmly believe that such powers must be exercised within the confines of the law and in respect of offenses known to law.”

It stated that “It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognized as a criminal offense under the laws of Lagos State.

“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions. Previously, defamation was criminalized under the Criminal Code applicable in Southern Nigeria. However, Lagos State modernized 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 offense.

“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 offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011.

“Furthermore, the Nigerian Police Force derives its powers to arrest and investigate crimes under Sections 4 and 24 of the Police Act, 2020. These provisions mandate the Police to act only in respect of conduct that constitutes a criminal offense under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is a clear violation of these legal principles and an affront to the rule of law.

“The NBA unequivocally demands the immediate release of Dele Farotimi and calls on the Nigerian Police Force to exercise its powers responsibly and strictly in accordance with the law.

“We also urge all law enforcement agencies to prioritize respect for human rights and adherence to the principles of legality, as these are foundational to the administration of justice and the protection of citizens.”

On his part, Obi described the arrest as “gross misuse of police powers” and a threat to democracy in Nigeria.

Writing via his verified X (formerly Twitter) handle, Obi demanded Farotimi’s immediate and unconditional release, and strongly criticised the use of police force in what he described as a civil matter.

He argued that defamation should be addressed through civil courts and not through the weaponization of law enforcement, adding that “This action is a grave assault on the principles of democracy and justice in Nigeria.”

His words:

I just learned of the arrest of @DeleFarotimi, a respected human rights lawyer and advocate, over an allegation of defamation.

This action is a gross misuse of police powers and a grave assault on the principles of democracy and justice in Nigeria.

I condemn this action in totality. It represents not only an attempt to intimidate opposing voices from questioning authority .

It is also a worrying signal to every Nigerian who loves and values freedom of expression and dares to demand accountability and transparency.

The Nigeria Police Force exists to protect the rights of citizens, not to suppress them.

Defamation, by its nature, is a civil matter that should be addressed in court through due legal process in line with the dictates of the rule of law in a democracy.

As a private citizen, former governor, and even today, I am frequently defamed, insulted, and lied about and against. Yet, I have never resorted to using the Nigerian police or filing reports to silence others.

Those who feel otherwise should seek redress through the proper legal channels, not by weaponizing the police or abusing their access to authority or state power.

The resort to police action, in this case, reeks of abuse of power and raises serious concerns about the independence and professionalism of the police as a civil force.

I hereby request that Dele Farotimi should be released immediately and unconditionally. The police must recognize that their allegiance is to the Constitution and the people of Nigeria, not to narrow interests at the behest of those in power.

A new more Just and fair Nigeria is possible!

Said Effiong: “They threatened to shoot him if he doesn’t surrender his phone. Is the alleged libel contained in the phone of staff and lawyers in the firm?

“I spoke with one of the partners in the firm who narrated his ordeal to me. No matter who the petitioner is the action of the police is an attack on the legal profession.”

He stated that the allegation of defamation is “a matter that the very senior Silk could have vindicated through the civil process,” adding that “I have always maintained a principled opposition to the use of law enforcement agencies to pursue defamation.”

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