Nigeria’s public discourse is once again ignited by an incident that underscores the pervasive abuses of power within the nation’s institutions. Human rights activist and lawyer Dele Farotimi was arrested on December 3rd by officers of the Ekiti State Police Command. He was reportedly taken from Lagos, where the alleged defamation offence occurred, and transported to Ekiti State in what can only be described as a Gestapo-style operation. By December 4th, he was denied bail, sparking widespread outrage on social media and across the country.
Many Nigerians have raised important concerns. Some argue that defamation, the alleged offence in this case, is a bailable one, making the denial of bail particularly egregious. Others have condemned the Ekiti State judiciary for their apparent high-handedness, questioning their motivations in handling the case. Amid this uproar, there has also been criticism of Afe Babalola, a respected legal luminary, whose name is linked to the complaint. Observers are questioning how these events align with the image he has worked hard to cultivate over decades.
While these issues deserve attention, they are secondary to a more alarming reality: Farotimi’s arrest appears to have been a flagrant violation of the rule of law. Reports suggest that the Ekiti State police command acted unilaterally, bypassing the Lagos State police in whose jurisdiction the alleged offence occurred. Farotimi was abducted in a manner that, to many, mirrors the modus operandi of criminal kidnappers. Nigerians should not simply move past this incident. This is the real conversation stopper, and it must be addressed before we even begin to examine the other dimensions of this case.
If the alleged offence occurred in Lagos, does the Ekiti State Police Command have the legal right to arrest and transport the accused without coordinating with their Lagos counterparts? Furthermore, can officers from one state summarily move a citizen across state lines without adhering to proper legal protocols?
I spoke to two lawyers for their perspectives. One categorically stated that the actions of the Ekiti police were without legal basis. According to this view, the alleged offence fell under the jurisdiction of Lagos State, and the Ekiti police should have worked in tandem with Lagos authorities if they had any reason to pursue the case. The second lawyer took a more cautious stance, arguing that the Nigerian Police Force operates as a single entity, granting any officer the authority to make arrests across state lines. However, even this lawyer struggled to justify the legality of transferring an accused individual to Ekiti for a crime allegedly committed in Lagos. Both agreed that Farotimi’s prior cooperation with Lagos State police—he had already been interviewed twice—made the actions of the Ekiti officers particularly unjustifiable.
Equally troubling is the manner of Farotimi’s arrest. Reports indicate that the police used violent intimidation, assaulted bystanders, and confiscated mobile devices from individuals who had no connection to the case. If such conduct can be deployed against a public figure like Farotimi, one must ask: What happens to ordinary Nigerians who lack the protection of visibility and influence?
This incident highlights a growing fear among Nigerians: that the line between state-sanctioned authority and outright lawlessness is becoming dangerously blurred. Criminal kidnappings have long plagued the country, leaving countless citizens traumatised and bereft. Now, it seems that agents of the state are replicating these tactics under the guise of law enforcement. If such behaviour is allowed to stand, it will mark a new low in the erosion of civil liberties and constitutional protections.
This is why we must not simply move past this incident. The implications are too grave to ignore. A precedent like this, if left unchallenged, opens the door for more egregious abuses of power, eroding the trust that citizens should have in their law enforcement agencies.
The optics of this case also deserve scrutiny, particularly for Babalola, whose reputation as a stalwart of Nigeria’s legal profession is now under question, since his petition was the catalyst for the case against Farotimi. However, the manner in which the case has unfolded risks undermining the very values Babalola has spent decades espousing.
Why, for instance, was the case filed in Ekiti rather than Lagos, where the alleged offence occurred? Does Babalola condone the illegal actions of the police, including the assault and harassment of innocent bystanders? While he is not legally obligated to comment on police conduct, these questions speak directly to his public image. Silence in this context may be perceived as tacit approval of the police’s actions, which is a precarious position for someone of his stature.
This debacle also serves to validate Farotimi’s criticisms of Nigeria’s judiciary and law enforcement agencies. In his book that is now the subject of interest, Farotimi decried the corruption and abuse of power that plague these institutions. The actions of the Ekiti police and judiciary in this case have inadvertently provided concrete evidence to support his claims.
This is not just about Farotimi, though; it is about the broader implications for Nigerian society. The rule of law is a cornerstone of any functioning democracy. When state institutions themselves flout the law, it undermines the very fabric of governance and justice.
The damage to public trust is immense, but it is not irreparable. The first step in mitigating this crisis is the immediate release of Farotimi. Beyond this, there must be a thorough investigation into the actions of the Ekiti State Police Command and the judiciary’s handling of this case. Nigerians must remain vigilant and hold their institutions accountable.
This is a moment of reckoning. It is not just about one man or one incident; it is about the kind of society we want to live in. Do we want a society where power is wielded arbitrarily, or one where the rule of law is upheld for all citizens? This is the question that should guide our response. Let us not simply walk past this.
