Tuesday, 10 December 2024 04:35

Dele Farotimi: Perils of unchecked power and erosion of justice in Nigeria - Emmanuel Ihim

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The seduction of unchecked power is an ancient story, a tragic dance that transforms guardians of liberty into despots. History is replete with examples of leaders consumed by their pursuit of control, blinded to the bounds of morality and justice. From Nero’s Rome to Stalin’s Soviet Union, this intoxicating allure has resulted in untold suffering and oppression. In modern Nigeria, this specter rears its head again, with the arrest of prominent lawyer and activist Dele Farotimi—an alarming reminder of the perils of state overreach.

Farotimi, a fearless voice against corruption and injustice, was arrested on allegations of defamation, a charge that the Nigerian Bar Association (NBA) and legal scholars have confirmed is no longer a criminal offense in Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation, aligning the state with global best practices that treat it as a civil matter. This progressive reform was affirmed by Nigeria’s Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), yet Farotimi’s arrest underscores a dangerous trend of disregarding the rule of law for political convenience.

A State in Crisis: The Predator vs. Protector Dilemma
The arrest is symptomatic of a broader malaise—a governance structure in Nigeria riddled with corruption, self-interest, and a predatory state apparatus. Institutions designed to protect citizens increasingly function as instruments of oppression. Sovereignty, when divorced from justice, becomes a tool of exploitation, perpetuating inequality and eroding public trust.

The reported invasion of Farotimi’s law firm by security forces, accompanied by the confiscation of phones and harassment of staff, is a chilling affront to the sanctity of the legal profession and constitutional rights. This act not only violates privacy and dignity but also strikes at the heart of democratic principles. Lawyers are defenders of justice; undermining their independence is a direct assault on the foundations of the rule of law.

The Law vs. the State: A Dangerous Contradiction
Under Nigerian law, the police are authorized to act only in cases involving recognized criminal offenses. Sections 4 and 24 of the Police Act, 2020, explicitly mandate this limitation. Arresting Farotimi for a non-criminal matter such as defamation starkly contravenes these legal standards. It reflects an alarming disregard for legality, fairness, and respect for human rights—principles that are foundational to democracy.

Prominent figures have condemned this action. The former Labour Party Presidential flag bearer, Peter Obi characterized the arrest as a “gross misuse of power” and “a grave assault on the principles of democracy and justice.” The NBA’s president, Afam Osigwe, described the arrest as a “troubling breach of the rule of law” while human rights lawyer Femi Falana labelled it ”blatant and illegal.” Both emphasized the need for accountability, demanding Farotimi’s immediate release and a thorough investigation into the invasion of his law firm.

Unchecked Power: A Slow March to Tyranny
Nigeria’s democratic framework is increasingly strained under the weight of unchecked power. Farotimi’s case highlights a growing tendency to use state apparatus to silence dissent, a hallmark of tyranny. This gradual erosion of democratic norms must alarm not only Nigerians but also the international community, which has long championed Nigeria as a beacon of hope for African democracy.

Unchecked power is a disease that metastasizes in silence, emboldened by apathy and fear. Today it targets a lawyer like Farotimi; tomorrow, it could consume the very structures of freedom upon which the nation depends. The voices of dissent must not be stifled, for they are the lifeblood of a just society.

Call to Action: A Demand for Justice
The Nigerian Bar Association and civil society organizations have unequivocally condemned the arrest and demanded Farotimi’s release. This call must be echoed globally. The international community, particularly democratic nations and human rights watchdogs must hold Nigeria accountable for upholding its own laws and respecting fundamental rights.

The rule of law is not negotiable. It is the bedrock of democracy, the shield against tyranny, and the promise of justice for all. Farotimi’s arrest is not merely a legal issue—it is a test of Nigeria’s commitment to these principles. The world is watching.

Nation at the Crossroads
Nigeria stands at a crossroads. Will it embrace justice and the rule of law, or will it continue down the perilous path of unchecked power? The answer lies not just in the courts but in the collective will of its people and leaders to resist tyranny’s dark shadow.

The arrest of Farotimi is a rallying cry—a reminder that democracy demands vigilance, courage, and an unwavering commitment to justice. The time to act is now before the predator fully eclipses the protector.

 

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