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From Lateef Dada, Osogbo
A lawyer, Deji Atoyebi, and the Nigerian Bar Association (NBA) have clashed over the call for the release of Dele Farotimi, who was arrested for alleged libel.
While the president of the NBA, Mazi Osigwe, in a statement, called for the immediate release of Farotimi, saying that his arrest “lacks any basis under the laws of Lagos State,” Atoyebi described the NBA’s call as “hasty, unfounded and misaligned with the high standards of professionalism expected of the Association.”
In a statement made available to our correspondent in Osogbo on Thursday, Atoyebi posited that the NBA’s swift statement, issued without first investigating the facts, is a “clear departure from the prudent, fact-driven approach that should define our actions as legal professionals.”
He noted that the Nigerian Police Force, under Sections 4 and 24 of the Police Act 2020, is constitutionally empowered to investigate alleged crimes, saying that before passing judgement, 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.
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“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, can never go wrong. Such statements elevate an individual to a position of unassailable righteousness, implying that his actions should be exempt 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,” Atoyebi said.
