• Activist files suit at Lagos High Court
• Atiku, Igini ask IG to order lawyer’s release
A Magistrates’ Court in Ado-Ekiti, the Ekiti State capital, has remanded human rights lawyer and activist, Dele Farotimi, at a correctional centre.
Farotimi is to remain at the correctional centre till December 10.
Presiding Magistrate Abayomi Adeosun remanded the activist following his arraignment by the police for alleged defamation of the character of legal luminary, Aare Afe Babalola (SAN), in his book, titled: Nigeria and its Criminal Justice System.
Farotimi, a lawyer, pleaded not guilty to all the 16-count charge against him.
Police prosecutor Samson Osun called for the remand of the defendant in the correctional centre pending further investigation.
But counsel to the defendant, Dayo Akeredolu, opposed the police, pleading with the court to admit his client to bail on very liberal terms and self-recognisance.
He argued that the case was bailable and that the suspect would not constitute a threat to the society, being a well-known public figure.
The defendant’s counsel said the defendant should be presumed innocent until proven guilty.
Adeosun refused Farotimi’s bail application, remanded him in the correctional centre and adjourned till December 10 for the continuation of the hearing.
Also, Farotimi has filed a suit at the Lagos State High Court against his arrest.
His counsel, Ralph Nwoke, announced this yesterday.
He said: “We’re in court. We’ve filed a fundamental human rights application before the Lagos State High Court. We’re trying to get further information on what happened today.”
Nwoke alleged that the police took the phones and other devices of the workers at Farotimi’s office and threatened to shoot those who asked about their identity and where they were taking the activist to.
Also, the Peoples Democratic Party (PDP) presidential candidate in the 2023 general election, Alhaji Atiku Abubakar, has urged the police to release Famoroti from detention.
In a statement on Tuesday in Abuja, Atiku said: “Freedom of speech and association are not privileges but constitutionally enshrined rights; if anyone feels wronged by defamatory words, they are free to seek redress in the courts, not at the hands of the state’s enforcers.
“It is an appalling abuse of power to use the police as a tool for personal vendettas. In 2019, I was defamed and I did not involve the police to flex muscles and intimidate the defaming citizen. But I took the case to court where I am currently seeking reliefs for the injuries to my name and integrity.
“Therefore, I call for the immediate and unconditional release of Dele Farotimi.”
Apparently unaware of who Farotimi allegedly defamed, Atiku accused the current administration of “insidious agenda to suffocate the fundamental right to free expression” over a case that is clearly unconnected with the Bola Tinubu administration.
He added: “The aim is clear: to intimidate and harass citizens, particularly those who oppose the regime and the press, thus paving the way for the establishment of a one-party state.
“It is imperative to remind the Tinubu administration that these repeated acts of arrest stand in direct contradiction to the principles of democracy.”
Also, a former Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) and human rights lawyer, Mike Igini, urged Inspector General of Police (IGP) Kayode Egbetokun to order the release of Farotimi.
In a strongly-worded statement, Igini said: “The manner of his arrest in Lagos and driven by road to far-away Ekiti State has brought back the terrible memories of those years of military dictatorship.”
The former REC decried the disregard for constitutional rights, particularly freedom of expression, which he noted is fundamental in any democracy.
“Freedom of expression is a fundamental right guaranteed by our Constitution. It must be respected and preserved in any functional democracy under the rule of law, which is preferable to the rule of men, no matter how magnanimous,” he said.
The human rights lawyer criticised the police for what he called a misuse of authority, arguing that civil disputes, such as defamation, should be resolved through legal processes rather than forceful detention.
“The Nigeria Police should not allow itself to be railroaded into taking up fights with citizens on behalf of fellow citizens over civil wrongs that are actionable and can be remedied in a court of law,” Igini said.
The former REC warned of the potential reputational damage to the police from such actions, cautioning that detentions of this nature erode public trust in law enforcement and undermine the credibility of the institution.
“The police authority should be mindful of the reputational damage actions like this could wreck on its image, given that it undermines, if not destroys, civic trust and loss of public confidence in the integrity of security agencies,” he said.
Igini emphasised the importance of adhering to due process and the rule of law to secure the future of Nigeria’s democracy.
“If the due process of law to deal with civil wrongs is not followed, the practice of democracy in Nigeria will have no hopeful future,” he warned.
