The legal team representing Afe Babalola, SAN, the founder of Afe Babalola University, Ado Ekiti, has stated that embattled human rights lawyer, Dele Farotimi, will remain in custody until he can substantiate the allegations he made against the elder statesman.
Babalola’s legal representatives—Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all former chairmen of the Nigerian Bar Association, Ado Ekiti Branch—addressed the press on Friday in the Ekiti State capital.
The lawyers emphasized that Babalola had formally petitioned the police to investigate the defamatory accusations made by Farotimi in his book, ‘Nigeria and its Criminal Justice System.’
They explained that the legal process, including the police’s decision to take Farotimi to court, was a necessary step to uphold justice in the matter.
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They further accused Farotimi of attempting to damage Babalola’s hard-earned reputation, built over years of diligent effort and commitment.
In response to a petition filed by Babalola, the police in Ekiti arrested Farotimi in Lagos on Tuesday and brought him before an Ado Ekiti Magistrates Court on Wednesday, where he faced charges related to defamation of the elder statesman.
While the police requested Farotimi’s remand in a correctional facility, his defense lawyer sought bail. However, Chief Magistrate Abayomi Adeosun ruled in favor of remanding him, adjourning the case to December 10, 2024.
Owoseni Ajayi, Babalola’s lead counsel and a former Commissioner for Justice and Attorney General of Ekiti State, stated that the press conference aimed to clarify several misleading reports surrounding the ongoing case between the Nigerian Police and Farotimi regarding the defamation of Afe Babalola.
He said, “All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side.
“Aare Afe Babalola, in his petition, urged the police to use your good office to invite Mr Dele Farotimi to show proof of the truthfulness of his publication, failing of which he should be prosecuted for criminal defamation in accordance with the requirement of the extant laws of Nigeria.
“Confiscate all defamatory publications until the investigations are completed” and as well “stop Mr Dele Farotimi by himself and/or his agents from further publishing any defamatory contents to attack my hard-earned reputation, the reputation of my law firm and that of my lawyers and of the Nigerian judiciary”.
Ajayi queried, “Is it wrong for Aare Afe Babalola to seek justice for these false utterances against him? Should justice only be available to Mr Dele Farotimi because Aare Afe Babalola is a global icon?
“Once Mr Dele Farotimi can show proof that his assertions in the book are true, then he will be free. The law allows free speech, but not one that is calculated to injure the good reputation of another”.
He said that the police had done the right thing and needed to be commended for the manner in which the arrest was made and arraignment within 24 hours, adding, “The mode of arraignment was in order.
“Also, the book being distributed and accessed in Ekiti, so long as defamation is a crime in Ekiti, this has established criminal liability within Ekiti, placing it under the investigatory jurisdiction of the police and the jurisdiction of the Ekiti State High court, given the cross-state nature of the alleged crime.
“For the uninformed saying the court denied him bail, there was nothing like that. There is nothing special in the case of Dele Farotimi in that the court cannot ask his lawyers to make their bail application formal.
“The statements made by Farotimi in the book suggest a deliberate attempt by Farotimi to malign the reputation of Aare Afe Babalola and the esteemed law firm of Afe Babalola and Co.
“The accusations made are baseless, offensive and not only lacking in truth but also designed to cause irreparable harm to the standing and legacy of one of Nigeria’s foremost legal minds. Those defamatory remarks made in the book cannot be remedied by the award of damages”.
Ajayi said that the assertions by Farotimi in the book “runs foul of Section 59 of the Criminal Code Act, which talks about publication of false news with intent to cause fear and alarm in the public.
“Subsection (1) states that ‘any person who publishes or reproduces any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that statement, rumour or report to be false, shall be guilty of a misdemeanour and liable, on conviction, to imprisonment for three years’.
“Those pushing Farotimi are not his friends. By the time they lead him to the dungeon, he would realize they were deceiving him. Let me advise his family members to apologise to Aare. Aare Babalola is a builder, not interested in destroying Farotimi”.
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