Korede Abdullah in Lagos
Facts have emerged over the arrest of Dele Farotimi, a prominent critic and lawyer, who was arrested on Tuesday in Lagos by operatives of the Ekiti State Police Command without prior notification to the Lagos State Police Command or Zone 2 Command.
The arrest was allegedly carried out in a “gestapo-style,” with Ekiti State officers storming Lagos and picking up Farotimi without logging or booking the case in Lagos or informing relevant authorities in the state, as required by law.
Assistant Inspector General of Police (AIG) Zone 2 Command, Adegoke Fayoade, denied his command’s involvement in the arrest, stating that Farotimi had been invited to Zone 2 two weeks ago over a petition by billionaire banker and businessman Tony Elumelu, but was subsequently released.
Commissioner of Police, Lagos State Command, Olanrewaju Ishola, also denied involvement of the Lagos command in the arrest.
The arrest has sparked widespread condemnation, with critics pointing to a violation of inter-state arrest protocols.
Presidential candidate Peter Obi condemned Farotimi’s arrest, describing it as a gross misuse of police powers and an attempt to intimidate opposing voices.
Obi stated, ”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 Nigeria Police or filing reports to silence others.
”Those who feel otherwise should seek redress through the proper legal channels, not by weaponising 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 recognise that their allegiance is to the constitution and the people of Nigeria, not to narrow interests at the behest of those in power.”
Activist Omoyele Sowore also called the incident an abuse of police authority, alleging that a businessman and a lawyer were behind Farotimi’s ordeal.
The Nigerian Bar Association (NBA) strongly condemned the arrest, describing it as a “troubling breach of the rule of law” and an affront to the legal profession.
NBA President Afam Osigwe emphasized that defamation is not a criminal offense under Lagos State law and demanded Farotimi’s immediate release.
Falana Condemns Arrest
Senior Advocate of Nigeria, Femi Falana. Falana condemned the arrest, stating it was illegal, and demanded Farotimi’s unconditional release from police custody.
Notably, Lagos State is one of two states in Nigeria that have decriminalized defamation, making the arrest questionable.
The statement read, “I just confirmed that Mr. Dele Farotimi was arrested in Lagos today for alleged criminal libel.
“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.”
The controversy surrounding Farotimi’s arrest stems from a petition filed by Tony Elumelu, Chairman of UBA Group, accusing Farotimi of defamation.
The incident has raised concerns about the independence and professionalism of the police, with calls for a swift investigation into the invasion of Farotimi’s law firm and the harassment of lawyers and staff.
