In an exclusive interview with Arise News from 2:32, Sebastine Anyia, the 1st Vice President of the Nigerian Bar Association (NBA), criticized the recent arrest of human rights lawyer Dele Farotimi, questioning the legal basis for his detention. Farotimi was arrested over allegations of defamation stemming from his book, where he allegedly criticized the integrity of the Supreme Court and legal practices associated with Afe Babalola’s law firm.
Anyia clarified that defamation, which includes libel and slander, is a civil wrong, not a criminal offense. “Libel and slander come under defamation, and defamation is a civil wrong. We have civil law and criminal law, which are separate,” Anyia explained. “You can’t try someone for a criminal offense based on a presumed civil wrong. There cannot be an offense without a law to support it.”
The NBA 1st Vice President further pointed out that the Lagos law, where Farotimi resides and practices, does not criminalize libel. This raised concerns about the legitimacy of Farotimi’s arrest, with Anyia suggesting that the legal action against him might constitute an overreach by the authorities. His comments have added fuel to ongoing debates about whether Farotimi’s detention is an infringement on his fundamental rights, particularly freedom of speech.
“Libel and Slander come under defamation and defamation is a civil wrong. We have civil wrong and a criminal offence, that’s why we have criminal law and civil law. Libel, Slander are under defamation and are all under the Civil law. So, you can’t try somebody for criminal offence presumed to have done a civil wrong. There cannot be am offence without a law. Lagos law where Dele Farotimi resides, practice, did a publication and was arrested did not criminalize libel” He Said