Amid condemnations of the police for his arrest and calls for his immediate release, human rights lawyer and activist, Dele Farotimi, was on Wednesday remanded in prison by a Magistrate Court in Ado Ekiti, the Ekiti State capital, for alleged defamation of a senior lawyer and founder of Afe Babalola University, Aare Afe Babalola (SAN).

Farotimi, a vocal critic of the government, was arrested in Lagos on Tuesday by operatives of the Ekiti State Police Command on the accusation of having maligned and defamed the character of Afe Babalola in his recent book Nigeria and Its Criminal Justice System, though earlier reports said he was detained by officers from the Zone 2 Command in Lagos in connection with a defamation petition filed by Chairman of the United Bank for Africa (UBA) Group, Tony Elumelu.

Farotimi was arraigned before an Ekiti State Magistrate Court at about 10:25am on Wednesday on a 16-court charge of defamation of character against Babalola. He pleaded not guilty to all the charges.

Police prosecutor, Samson Osun, called for the remand of the suspect in prison custody pending further investigation and its outcome for the maintenance of security in the country.

Counsel to the defendant, Dayo Akeredolu, opposed the call, pleading with the court to admit the defendant to bail on very liberal terms and on self-recognisance.

Akeredolu argued that the case at hand is bailable and the suspect is a known figure who is not constituting any threat, adding that the defendant is presumed innocent until proven guilty.

In his ruling, however, the presiding judge, Magistrate Abayomi Adeosun, remanded the suspect in prison custody and adjourned till December 10.

Farotimi’s arrest had elicited reactions from prominent Nigerians and entities, including the Nigerian Bar Association (NBA), former Vice President and presidential candidate of the People’s Democratic Party (PDP) in the 2023 election, Atiku Abubakar, Labour Party presidential candidate, Peter Obi, SERAP, activist Aisha Yesufu, human rights lawyer, Maduabuchi Idam, among others.

Atiku, in a statement, strongly condemned Farotimi’s arrest and detention, describing it as a calculated attempt by the Tinubu administration to stifle fundamental rights to free expression.

“The arrest and detention of Dele Farotimi serve as a grim reminder of the dark days of military dictatorship, when the iron fist of tyranny sought to crush all dissent,” Atiku said.

“Defamation is not a criminal offence that should involve law enforcement. This is nothing less than using a sledgehammer to swat a fly,” he said.

Atiku called for Farotimi’s immediate and unconditional release, urging the Tinubu administration to refrain from weaponizing law enforcement agencies for political vendettas.

In its reaction, NBA lamented the alleged invasion of Farotimi’s law firm and the harassment of lawyers and staff within the premises.

NBA President, Afam Osigwe, in a statement issued in Abuja late Tuesday, described the action of the Nigeria police as a troubling breach of the rule of law and the sanctity of the legal profession.

He said while the Nigeria Police Force had the authority to investigate crimes, such power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.

“We must reiterate that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognised as a criminal offence under the laws of Lagos State,” Osigwe said.

“The Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.

“This progressive legislative move aligns with global best practices, which treat defamation as a civil wrong rather than a criminal offence,” he said.

Human rights lawyer and activist, Maduabuchi Idam, accused the police of prioritizing civil disputes over pressing security challenges.

“The arrest of Mr. Dele Farotimi over an alleged libel which is an obvious civil wrong is rather a confirmation that the Nigeria police is unbothered with the security challenges in Nigeria,” Idam said.

He argued that individuals aggrieved in civil matters, such as defamation, should seek redress in court rather than involving law enforcement. He cited multiple Supreme Court rulings that warn against the use of the police in civil disputes.

He further called on the Inspector General of Police to focus the force’s efforts on tackling crime and protecting lives and property, rather than being drawn into contractual disagreements or civil wrongs.