Falana Describes Attack On Obaseki As Terrorism Under Nigerian law, Criticises Police For Arresting Victim Instead Of Attackers.
Human Rights lawyer, Femi Falana, has given a legal perspective to the pending case brought by filmmaker and politician, Don Pedro Obaseki, against those who allegedly assaulted him.
On Sunday, Mr Obaseki, who was stripped and paraded last December by some youths in Edo State, announced that he will be seeking redress through the courts.
In a statement, the businessman and film director said that his decision to sue was taken after extensive consultations with his wife and children, members of the Obaseki family and clan, senior legal advisers and respected elders.
He noted that the move was driven, not by revenge or political motives, but by the need for accountability, deterrence and the protection of human dignity.
Criminal litigation
Throwing light on the case, Mr Falana, who was a guest on Arise TV, said that the events of 28 December 2025 in Benin City are clearly criminal.
According to him, Mr Obaseki’s right to life was threatened by the criminal gang that descended on him while he was playing football in the heart of Benin City.
“As a matter of fact, to disperse the crowd that gathered on the football field, these criminals shot into the air.
“So again, they were armed. We’re going to find out whether they have licences to bear arms. Clearly, it was an attempt on the life of Mr Obaseki,” he said.
Describing their actions as terrorist acts, Mr Falana said that the filmmaker’s right to dignity was violated, and his right to personal liberty was breached.
“Who ordered that Mr Obaseki be taken to the police station? You would have expected that the assailants would be arrested, made to make a statement by the police, and confronted with the allegations of criminality they had perpetrated during the day.
“To Mr Obaseki’s utter chagrin, he was detained in the police station for about five hours and only allowed to go home after being forced to make his statement. In other words, he became the suspect. At the same time, the criminals who had wanted to kill him were making a jest of him in the police station. Up till now, none of the criminal elements have been arrested and brought to book as expected under the laws of this country,” Mr Falana noted.
The legal luminary added that those who subjected him to such horrendous brutalisation will have to face the full weight of the law..
Terrorism-related violence
According to Mr Falana, under the Terrorism Act of 2022, once a citizen is kidnapped or abducted and subjected to brutalisation, and in the process they are exposed to ridicule, threatened or killed, it becomes a terrorist act.
“But also, under the Anti-Torture Act of 2017, any person who subjects a Nigerian to physical, psychological and mental torture is liable to be prosecuted, and the penalty is 25 years imprisonment, no option of fine.
“If the victim dies in the process, the torturer will be charged with murder, and that is without prejudice to the right of the victim or the members of the family of the victim to sue for compensation. We are going to put these laws to the test so that the point can be made: nobody is above the law in this country. Whoever has sent these guys will have to be vicariously liable in a civil court for their actions,” he added.
Explaining that Nigeria’s law does not allow any person to engage in criminal acts on behalf of another person, Mr Falana said that with the Benin Traditional Council dissociating the Oba of Benin from the acts, the perpetrators are now on their own, and they are going to pay dearly for their criminal acts.
“Apart from the criminal aspect, we also have the civil aspect of the whole violations of the rights of Mr Obaseki.
“The fact that the state police command has not arrested and charged these guys under the law, somebody will have to give some explanation
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