Dele Farotimi Arrested for Alleged Defamation: Analyzing the Legal Implications

Prominent Nigerian lawyer, author, and activist Dele Farotimi was arrested in his Lagos office by the Ekiti State Police Command over allegations of defamation. The allegations were brought forth by renowned lawyer and legal luminary Afe Babalola, who claimed that Farotimi’s book, Nigeria and Its Criminal Justice System, contained defamatory statements against him. Following the arrest, Farotimi was taken to Ekiti State, where he was denied bail and subsequently remanded in custody.

This incident has sparked widespread debate about the limits of free speech, the legal boundaries of defamation, and the proper procedures for handling such cases under Nigerian law. This article examines the legal framework surrounding defamation in Nigeria, whether it is a bailable offense, and the implications of Farotimi’s detention.

Understanding Defamation Under Nigerian Law

Defamation in Nigeria can be addressed under both civil law and criminal law:

1. Civil Defamation:
   • This involves filing a lawsuit for monetary damages, where the plaintiff (Afe Babalola, in this case) seeks compensation for harm to their reputation.
2. Criminal Defamation:
   • Under the Criminal Code Act, applicable in Southern Nigeria, defamation is criminalized under Sections 373 to 375.
   • It is defined as a false publication or statement that harms another person’s reputation.
   • The penalty includes up to two years imprisonment or a fine, or both.
3. In Farotimi’s case, the defamation allegation has been treated as a criminal offense, leading to his arrest and court appearance.

Is Defamation a Bailable Offense in Nigeria?

Yes, defamation is a bailable offense in Nigeria. Under the Administration of Criminal Justice Act (ACJA) 2015, which governs criminal procedures, offenses punishable with imprisonment of fewer than three years are generally considered bailable unless there are aggravating factors.

In Farotimi’s case, the denial of bail raises legal questions, as:

• Defamation carries a maximum penalty of two years.
• Bail is ordinarily granted unless the accused is deemed a flight risk or likely to interfere with investigations.

The decision to deny bail could suggest either procedural irregularities or specific judicial considerations.

Can Someone Be Arrested, Taken to Court, and Then to Prison for Defamation?

Yes, this sequence is legally permissible in Nigeria, though it must follow due process:

1. Arrest: The police can arrest an individual based on credible allegations or a complaint.
2. Detention and Court Appearance: After arrest, the accused must be presented in court within 48 hours (Section 35(4) of the Nigerian Constitution).
3. Remand in Custody: If bail is denied, the court can order the accused to be remanded in prison pending trial.

In Farotimi’s case, his arrest in Lagos for a complaint filed in Ekiti State aligns with police jurisdictional powers but raises questions about procedural fairness, as Lagos and Ekiti are separate judicial territories.

Legal and Constitutional Considerations

1. Freedom of Expression:
   • The Nigerian Constitution guarantees freedom of expression under Section 39, but this right is not absolute. It must be balanced against laws protecting reputation, such as defamation laws.
2. Arrest and Detention:
   • Section 35 of the Constitution protects against unlawful detention and ensures timely presentation before a court. Any delay beyond 48 hours without court approval violates constitutional rights.
3. Denial of Bail:
   • The denial of bail contradicts the general principles under the ACJA for bailable offenses, especially given the non-violent nature of defamation allegations. The judiciary has discretion, but such decisions must be well-founded.

Implications of This Case

The case against Dele Farotimi underscores the tension between protecting reputations and upholding free speech in Nigeria. It also highlights procedural concerns, including:

• The appropriateness of arresting an individual for a non-violent, bailable offense.
• The potential misuse of defamation laws to silence critics, particularly in a nation grappling with issues of transparency and accountability.

The Arrest of Dele Farotimi: Was It Lawful or a Case of Police Overreach?

The arrest of Dele Farotimi by the Ekiti State Police Command in his Lagos office has generated significant public outcry, with some alleging that the legal practitioner and author was effectively kidnapped by the authorities. While the police described their actions as a lawful execution of their duties in response to a defamation complaint by Afe Babalola, critics argue that the manner of the arrest was arbitrary, lacked due process, and resembled an abduction more than a lawful arrest.

This section examines the nature of the arrest, the allegations of kidnapping, and whether the police acted within the bounds of Nigerian law.

Nature of the Arrest

According to reports:

1. The Ekiti State Police Command dispatched officers to Lagos to apprehend Farotimi after receiving a formal complaint of criminal defamation from Afe Babalola.
2. Farotimi was taken into custody from his office in Lagos without prior notice, warrant presentation, or formal charges communicated to him at the time of arrest.
3. He was immediately transferred to Ekiti State, where he was arraigned before a court.

Legal Framework for Arrests Across Jurisdictions in Nigeria

Under Nigerian law, the police are empowered to arrest suspects across state lines, but this must adhere to legal procedures to ensure the protection of constitutional rights.

1. Section 41 of the Police Act, 2020:
   • Police officers can arrest individuals without a warrant if a crime has been committed or there is reasonable suspicion. However, the arresting officers must inform the suspect of the reason for arrest.
2. Section 35(2) of the Nigerian Constitution:
   • A person who is arrested must be informed promptly, in a language they understand, of the reasons for their arrest and any charges against them.
3. Section 43 of the Administration of Criminal Justice Act (ACJA), 2015:
   • Arrests must be conducted with decency, and undue force must be avoided. A warrant is required for non-violent offenses unless exceptional circumstances apply.

Dele Farotimi’s arrest and detention for alleged defamation raise important questions about Nigeria’s justice system. While defamation is a bailable offense, procedural inconsistencies in this case such as the denial of bail warrant scrutiny. This incident serves as a reminder of the delicate balance between safeguarding reputations and protecting the right to freedom of expression.

As this case unfolds, it is imperative that all actions align with Nigeria’s constitutional and legal provisions, ensuring justice for all parties involved.