A coalition of 93 civil society organizations (CSOs), including Amnesty International Nigeria, Media Rights Agenda (MRA), and Global Rights, has condemned the arrest and detention of activist lawyer Dele Farotimi, calling for his immediate release and a civil resolution to the matter.
In a joint statement, the CSOs criticized the treatment of Farotimi, describing his arrest as a violation of due process. They emphasized that the issues surrounding the case—alleged defamation—should be addressed through civil litigation rather than criminal proceedings.
Irregularities in Arrest and Charges
The groups expressed concern over the circumstances of Farotimi’s arrest, highlighting the aggressive tactics employed by police officers. “The arrest was unnecessarily confrontational, with officers behaving in a manner akin to armed thugs,” the statement read. Surveillance footage reportedly showed the officers, who were not in uniform, threatening Farotimi’s staff and unlawfully confiscating their phones.
The CSOs noted that defamation, the alleged offense, is a civil matter. They referenced Section 4 of the Police Act 2020, which prohibits police involvement in civil disputes, and pointed out that criminal defamation has been abolished in most states across Nigeria.
“Defamation laws are designed for civil courts to adjudicate,” the CSOs said. “Criminalizing such matters is a misuse of the judicial system and undermines the principles of a lawful society.”
Controversy Over Influential Figures
Farotimi had reportedly warned of his arrest in advance, stating that two prominent individuals, Tony Elumelu and Chief Afe Babalola (SAN), were allegedly displeased with his recent book, Nigeria and Its Criminal Justice System. Instead of pursuing a defamation claim through civil courts, Farotimi alleged that they used their influence to orchestrate his detention.
The CSOs decried the subsequent charges filed against Farotimi in an Ekiti State Magistrate Court. They argued that the charges, 16 counts of criminal defamation, lacked legal foundation, as the offense is not recognized under Ekiti State’s 2021 criminal laws or Lagos State’s criminal code, where the events occurred.
Demands for Justice
The coalition made four key demands:
1. Immediate withdrawal of charges and Farotimi’s unconditional release.
2. Repeal of all laws permitting criminal defamation and dismissal of related cases.
3. Redress for those alleging defamation should be sought through civil courts.
4. Assurance from the Inspector-General of Police that law enforcement will not be used to oppress citizens.
The statement concluded with a call for legal reforms to prevent misuse of power and protect the rights of individuals against arbitrary actions by the authorities.
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