Policy and Legal Advocacy Centre (PLAC) condemns the arrest and ongoing prosecution of the lawyer and author, Dele Farotimi by the Ekiti State Command of the Nigeria Police on allegations bordering on civil defamation.
The circumstances surrounding the arrest and prosecution of Farotimi over the alleged defamatory contents of his recently published book, ‘Nigeria and its Criminal Justice System’, raises serious concern about the Police’s understanding of the law, and even more seriously, a concern that the police may have overstepped its powers in arresting and prosecuting a person for what should be a civil case of defamation, for which the complainant has the right of seeking civil remedy through the law courts.
PLAC is concerned about the implications of the Police’s action for the rule of law, human rights, and due process in the country.
We are further disturbed that the court to which Farotimi was charged has held him in prison without the grant of immediate bail for an alleged offence such as that for which he is charged and which on the face of it appears to be a civil matter.
The 1999 Nigerian Constitution guarantees every citizen the fundamental rights to liberty and freedom of expression. The arbitrary invasion of Dele Farotimi’s law firm in Lagos State and his subsequent arrest and detention in prison custody is a flagrant violation of these rights.
Employing state apparatus to address what is otherwise a civil matter is unacceptable. 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 and should not be condoned.
PLAC is calling on the Police to immediately withdraw the charges against Farotimi.
PLAC is also calling on the courts to dismiss the charges against Farotimi and order his unconditional release from prison custody.
SIGNED:
Clement Nwankwo
Executive Director
Policy and Legal Advocacy Centre (PLAC)
Policy and Legal Advocacy Centre (PLAC) is a non-governmental organization committed to strengthening democratic governance and citizens’ participation in Nigeria. PLAC works to enhance citizens’ engagement with state institutions, and to promote transparency and accountability in policy and decision-making process.
The main focus of PLAC’s intervention in the democratic governance process is on building the capacity of the legislature and reforming the electoral process. Since its establishment, PLAC has grown into a leading institution with capacity to deliver cutting-edge research, policy analysis and advocacy. PLAC receives funding from donors and other philanthropic sources.