The Policy and Legal Advocacy Centre (PLAC) has strongly condemned the detention of human rights lawyer, Dele Farotimi, by the Nigerian police, calling for the immediate withdrawal of charges against him and his unconditional release.
PLAC, a leading civil society organization, criticized the arrest and ongoing prosecution of Farotimi by the Ekiti State Police Command, citing concerns over the abuse of legal processes. Farotimi faces charges of cybercrime and defamation, linked to allegations made by legal icon Afe Babalola (SAN) in relation to Farotimi’s book, Nigeria and its Criminal Justice System.
In a statement released on Friday, PLAC’s Executive Director, Clement Nwankwo, described the charges as a violation of Farotimi’s rights and a misuse of the police force. Nwankwo stressed that defamation should be pursued as a civil matter, not a criminal one, and that the police had overstepped their authority by involving itself in what should have been a private legal dispute.
“The arrest and prosecution of Farotimi over the alleged defamatory contents of his book raises serious concerns about the police’s understanding of the law,” Nwankwo said. “It is even more worrying that the police have taken on a matter that should be handled in civil court, thus abusing their powers.”
PLAC’s condemnation focuses not only on the misuse of the police force but also on the broader implications for human rights and the rule of law in Nigeria. The organization called the actions of the police an attack on the fundamental freedoms guaranteed by the Nigerian Constitution, including the rights to liberty and freedom of expression.
Farotimi’s arrest follows a controversial incident in which the police allegedly invaded his law office in Lagos, detaining him on the basis of defamation charges related to his recent book. PLAC decried the police’s actions as a blatant violation of Farotimi’s rights to due process, which includes the right to a fair trial and the right to liberty.
“The arbitrary invasion of Farotimi’s law office and his subsequent arrest and detention is a flagrant violation of his constitutional rights,” Nwankwo added. “Using state apparatus to address what should be a civil matter is unacceptable.”
The legal basis for Farotimi’s detention and the charges against him remains a point of contention. According to PLAC, the charges, which are framed under the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, should not have led to criminal prosecution. The organization pointed out that defamation, in this case, is a civil issue, not one that justifies the use of state security agencies.
The case has sparked widespread concern over the increasing use of security forces to intimidate individuals who challenge the status quo. Human rights advocates and legal experts have raised alarms over what they see as the criminalization of speech and dissent in Nigeria. PLAC has called on the Nigerian courts to dismiss the charges against Farotimi and to order his immediate release from detention.
“The use of security agencies and the judicial process to intimidate individuals who speak against the government or highly placed individuals is a blatant abuse of human rights,” Nwankwo continued. “This should not be tolerated in a democracy.”
Farotimi, known for his outspoken stance on justice and good governance, was charged by Afe Babalola, who claimed defamation related to statements made in Farotimi’s book. The lawyer had appeared in court earlier this week to face charges brought against him by Babalola, who is seeking legal redress over alleged harm caused to his reputation.
Reports reveal that the Nigerian police have filed multiple charges against Farotimi. On Friday, they filed 12 fresh charges before the Federal High Court in Ado-Ekiti, Ekiti State, in what appears to be an attempt to prevent Farotimi from securing bail. Sources close to the case suggest that the police are attempting to keep him in detention by introducing new allegations.
The charges are centered on accusations of cybercrime, which according to Farotimi’s supporters, are politically motivated. The timing of the charges, following Farotimi’s advocacy for justice and public criticism of Nigeria’s legal system, raises questions about the government’s treatment of outspoken critics.
In a statement, PLAC expressed concern that the police’s handling of the case sets a dangerous precedent for the country’s democracy. The organization warned that the growing trend of using legal and security apparatus to target critics of the government is a threat to freedom of expression and the rule of law in Nigeria.
“As an organization committed to the promotion of human rights, we believe that Dele Farotimi’s case is an example of how the rule of law is being undermined in Nigeria,” Nwankwo stated. “If we allow this to happen, it will set a dangerous precedent for anyone who dares to speak out against corruption or injustice in the country.”
Farotimi’s arrest and the ongoing legal proceedings have brought attention to the state of the Nigerian justice system and the troubling trend of using state power to suppress dissent. Supporters have rallied around the hashtag #FreeDeleFarotimi, calling for his immediate release and for charges to be dropped.
Farotimi remains in detention as of Saturday, and his legal team is seeking to have the charges dismissed and his bail application granted. Legal observers are watching closely, as the case could have significant implications for the future of free speech and human rights in Nigeria.
PLAC has reiterated its call for justice, urging both the police and the courts to act in accordance with the law and to respect Farotimi’s rights to a fair trial and freedom of expression.
“The Nigerian police must immediately withdraw the charges against Farotimi,” Nwankwo concluded. “The courts must dismiss these charges and order his immediate and unconditional release.”