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•Lawyer faults NBA •Sowore to lead protests against judiciary, others
By Adewale Sanyaolu, Godwin Tsa, Abuja and Lateef Dada, Osogbo
More reactions have trailed the arrest and detention of lawyer- activist, Dele Farotimi with the Labour Party (LP) caucus in the House of Representatives, the Human Rights Writers’ Association of Nigeria (HURIWA) and the National Association of Seadogs (Pyrates Confraternity) raising concerns over the “Gestapo-style” manner he was “abducted” and calling for his immediate release while Omoyele Sowore mobilises for street protests.
But a lawyer, Deji Atoyebi, faulted the Nigerian Bar Association’s (NBA) call for his release.
Farotimi was on Tuesday, arrested in his Lekki office in Lagos by officers from the Ekiti State Police Command over alleged defamation and cyberbullying.
Earlier on Monday, Farotimi had raised an alarm over plans to abduct and take him to Ekiti, following a petition filed by Chief Afe Babalola.
He was remanded by a magistrate court in Ekiti after arraignment on a 16-count charge.
Since his arrest, there have been strident calls in the social media space, including from political bigwigs like Peter Obi and Atiku Abubakar, for his release.
The President of NBA, Mazi Afam Osigwe, in a statement on Tuesday, called for the immediate release of Farotimi, saying his arrest lacked any basis under the laws of Lagos State. But, Atoyebi described the NBA’s call as “hasty, unfounded and misaligned with the high standards of professionalism expected of the Association.”
The LP caucus in the House of Representatives while calling for judicial neutrality, impartiality and fair hearing in the defamation case, expressed concern over the growing trend of anti-democratic activities and development that undermined Nigeria’s civil government.
The caucus leader, Victor Ogene, in a statement in Abuja, said democracy was under threat when democratic institutions were manipulated against the people by highly-placed individuals.
The lawmaker said the arrest ‘in a Gestapo style’ in his office in Lagos and the alleged harassment of members of staff of his law office was worrisome.
This, he said, had sparked worries about the erosion of democratic principles and the silencing of dissenting voices in Nigeria.
“The judiciary remains the last bastion of hope for all citizens in a democratic society; as such, it is imperative that the judiciary upholds the principles of impartiality.
“The judicial system must show neutrality at all times, regardless of the social status or connections of any party involved in a dispute before it.
“The Labour Party caucus is committed to upholding the values of democracy, human rights and the rule of law. In this regard, we call on the authorities involved in this controversial case to ensure that Barrister Farotimi’s rights and privileges are not denied.
“We also demand that the embattled lawyer be given a fair hearing and not made to suffer from any manipulated processes, as was alleged by him in a statement before his arrest,” Ogene said.
Meanwhile, Omoyele Sowore, publisher of Sahara Reporters, has asked Nigerians to join a “nationwide/global protest” against the judiciary and others over the “prosecution” of Farotimi.
Writing on his official X handle yesterday, Sowore said the protest would commence on December 10 from the Afe Babalola Chambers in Lagos, Federal Ministry of Justice in Abuja, Police Headquarters in Ekiti, and Kings’ College Campus in London.
According to Sowore, “injustice anywhere is a threat to justice everywhere.”
Also, reacting, HURIWA called for the immediate release of the human rights lawyer and an immediate end to the constant and vicious harassment of investigative journalist, Fisayo Soyombo.
While appealing to the international community to take note of the worsening human rights situation in Nigeria, the association urged global human rights organisations, foreign governments and international media to hold the Nigerian government accountable for its actions.
National Coordinator of HURIWA, Emmanuel Onwubiko, who signed the statement, warned that the continued crackdown on free speech and press freedom poses a significant threat to Nigeria’s democracy.
The association reiterated its commitment to defending human rights and holding the government accountable, even in the face of increasing hostility.
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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.
The association also denounced the three-day detention of investigative journalist, Fisayo Soyombo, by the Nigerian Army, alleging that his arrest was linked to his ongoing investigation into the involvement of security personnel in illegal oil bunkering.
Soyombo’s detention, HURIWA argued, is emblematic of the dangers faced by journalists and whistleblowers in Nigeria, a country that has increasingly gained notoriety for its shrinking civic space.
HURIWA questioned President Bola Tinubu and his administration, asking, “Is Nigeria still a democracy, or has it become a dictatorship?” The organisation questioned why journalists and human rights defenders are being arrested and harassed for performing their constitutional duties of holding the government accountable.
“Dele Farotimi and Fisayo Soyombo are not criminals; they are citizens exercising their fundamental rights to free speech and press freedom. Their arrests highlight a disturbing trend where the state machinery is weaponised against dissents. Nigeria cannot claim to be a democracy if the voices of lawyers, activists, and journalists are systematically silenced,” HURIWA said in a statement.
HURIWA also called on President Tinubu to immediately order an independent investigation into the military’s alleged involvement in illegal oil bunkering, as revealed by Soyombo’s investigation. The association noted that Soyombo’s findings exposed systemic corruption within the security apparatus, a matter that warrants urgent attention. Nigeria cannot afford to retrogress into a police state. The arrests of Farotimi and Soyombo are a test case for President Tinubu’s administration. Will it uphold the principles of democracy, or will it continue to go down the path of authoritarianism? The world is watching,” HURIWA noted.
•Pyrates demands immediate release
Similarly, the National Association of Seadogs (Pyrates Confraternity), has also condemned Farotimi’s unjust arrest and subsequent detention in prison custody, over an alleged case of defamation against Aare Babalola.
The group described the police and judiciary’s actions as an abuse of the rule of law, saying such a posture was an aberration and brings to the fore the dark era of the military.
An Ado-Ekiti Magistrate Court, presided over by Abayomi Adeosun, had on Wednesday remanded Farotimi in prison custody until December 10, 2024.
A statement titled, “Enough is Enough! This Harassment, Intimidation of Innocent Citizens Must Stop Now,” by the NAS Capn, Dr Joseph Oteri, said the invasion of his law firm and subsequent harassment of his staff was a clear abuse of their fundamental human rights as guaranteed in the constitution of the Federal Republic of Nigeria.
The association demanded his unconditional and immediate release, expressing concerns that the incidents underscore the deep-rooted flaws in Nigeria’s governance and law enforcement systems.
The Pyrates Confraternity pointed out that the alleged offence of defamation, for which Farotimi was reportedly arrested, is a civil matter under Sections 373 and 375 of the Criminal Code.
“Law enforcement must never be weaponised to target individuals or institutions for personal or political reasons. Upholding the rule of law is a non-negotiable cornerstone of any democratic society, and any deviation from this principle threatens the very fabric of justice and accountability,” it stated.
•Lawyer faults NBA
In a statement in Osogbo, Atoyebi posited that NBA’s swift statement, issued without first investigating the facts, was a “clear departure from the prudent, fact-driven approach that should define our actions as legal professionals.”
He noted that the Nigerian Police under Sections 4 and 24 of the Police Act 2020, is constitutionally empowered to investigate alleged crimes, saying before passing judgment, the NBA should have contacted law enforcement directly to ascertain the facts surrounding Mr. Farotimi’s arrest.
“The association’s role should have been to ensure procedural fairness and protect the integrity of legal processes, rather than engage in reactive rhetoric.
“The NBA’s focus on Lagos State law failed to account for the broader applicability of federal laws, particularly the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015. Allegations of libel, particularly those made online, may not only fall under the purview of traditional defamation law but could also be classified as cyberstalking or cyberbullying under Section 24 of the Cybercrimes Act, 2015.
“The NBA and other legal practitioners’ public statements calling for the release of Dele Farotimi seem to mimic conferring an almost ‘Almighty immunity’ upon him, suggesting that Mr. Farotimi, as an activist, could never go wrong. Such statements elevate an individual to a position of unassailable righteousness, implying that his actions should be exempted from legal scrutiny, which sets a dangerous precedent. The assumption that Farotimi can do no wrong, simply due to his activism, is a blatant misapplication of the principle of equal justice under the law.
“By hastily issuing statements without thorough verification, the NBA risks undermining its authority and perpetuating a perception of bias. A more measured approach, leveraging its committees to mediate, investigate, and protect all parties’ rights, would have demonstrated its commitment to justice and impartiality,” Atoyebi said.
He, however, advised the National Litigation Committee and the Citizens Liberties Committee to investigate the facts surrounding the case, and urged the NBA to initiate a constructive dialogue with the relevant authorities, including the police, to ascertain the facts and ensure that justice was not compromised.
“By acting judiciously and professionally, the NBA can ensure that justice is served and its credibility as the voice of the legal profession remains intact.
“The legal profession demands a higher standard of conduct; one rooted in intellectual rigour, neutrality, and due diligence. It is incumbent upon the NBA to embrace these standards, serving as a beacon of fairness and professionalism, and ensuring that justice, not theatrics, defines our actions.”
