Tag: Farotimi

  • JUST IN: Ekiti Court strikes out defamation case against Farotimi

    JUST IN: Ekiti Court strikes out defamation case against Farotimi

    A Federal High Court in Ado Ekiti has struck out a defamation suit filed by the Inspector-General of Police, Kayode Egbetokun, against a human rights lawyer, Dele Farotimi.

    The suit, which was withdrawn by the prosecution, was filed over allegations in his book “Nigeria and its Criminal Justice System” that accused renowned lawyer Chief Afe Babalola SAN of influencing Supreme Court judges.

    At the hearing on Wednesday, counsel for the complainant, Samson Osobu, informed the court that the prosecution had filed a notice of discontinuance, citing Section 108(1)(2)(a) of the Administration of Criminal Justice Act 2015.

    Osobu stated that the notice of discontinuance was filed on January 29, 2025, adding that the decision to drop the suit followed interventions by well-meaning Nigerians and a request from Afe Babalola to discontinue the matter.

    Read Also: How Afe Babalola agreed to withdraw suit against Farotimi

    Farotimi’s counsel, Adeyinka Olumide-Fusika (SAN), did not oppose the withdrawal.

    Consequently, Justice Babs Kuewumi struck out the case, declaring, “This case is hereby struck out.”

    Speaking to journalists after the ruling, Olumide-Fusika declined to comment on related matters pending in courts across Lagos, Ibadan, Abuja, Port Harcourt, and the Magistrate Court in Ado Ekiti.

    The withdrawal of the suit is attributed to the intervention of prominent traditional rulers in Yoruba land led by the Ooni of Ife, Oba Adeyeye Ogunwusi.

  • JUST IN: Babalola withdraws charges against Farotimi

    JUST IN: Babalola withdraws charges against Farotimi

    The founder of Afe Babalola University Ado Ekiti, Aare Afe Babalola, SAN, has accepted to withdraw charges against Human Rights Activist and kawyer, Dele Farotimi who is facing criminal defamation charges. 

    This followed the appeal by foremost Yoruba Monarchs, including the Ooni of Ife Oba Adeyeye Oguwusi and other prominent Ekiti monarchs. They pleaded with legal icon to drop the charges during a meeting with him at ABUAD campus.

    Other prominent monarchs present at the parley were the Ewi of Ado Ekiti, Oba Rufus Adejuyigbe, the Ogoga of Ikere, Oba Adejimi Adu, the Oloye of Oloye Ekiti, Ajero of Ijero Ekiti, Olojudo of Ido Ekiti, among others. 

    Farotimi is facing criminal defamation and cybercrime charges in an Ekiti State Magistrates’ Court and the Federal High Court, Ado Ekiti.

    The defamation charge stems from the allegations in Farotimi’s book  entitled “Nigeria and its criminal justice system” that accused Babalola of influencing Supreme Court judges.

    Upon his not guilty plea, the Magistrates’ Court remanded the human right lawyer and later admitted him to N30m bail. The Federal High Court sitting in Ado-Ekiti, also granted him N50m bail.

    Addressing newsmen after a closed- door meeting with Babalola in Ado-Ekiti at the wee hours on Monday, Oba Ogunwusi, said Yoruba leaders and stakeholders were following the event keenly and had to appeal to Aare Babalola to Pardon his son, Farotimi

    He commended Babalola for building his integrity over the years adding that no one could rubbish his name.

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    “We are coming together as a race to take this thing from you. Baba, you have told the world and they have heard you clearly. We can see that you have fought every battle to sustain that name you have built. 

    “Nobody can rubbish your name. You have proven to the world that this is what you stand for. We are very proud of you. It’s a lesson for us as a race. We want to appeal and also use our race to instruct you. It is not your wish but we are taking it because of the race. 

    “Dele Farotimi is your son and you might not know him. Why we are here is our ethos as a race and we cannot take anything that is so hard for you. We are using the race because our elders too have spoken. Combining traditional institutions is what we are using to take this from you,” Oba Ogunwusi added. 

    In his response to the appeal by the monarchs, Babalola said that he had received several letters and calls on the issue, particularly from notable Nigerians including former President, Chief Olusegun Obasanjo and Bishop Kukah but said that he rejected their appeal

    Babalola added that he had nothing to gain in the imprisonment of Farotimi, saying that with Ooni and other monarchs intervention, he had no option but to accede to their request.

    The Elder statesman said that he would instruct his lawyers to discontinue the case before the court. 

    He said: “There is nothing I am going to gain by his imprisonment. If I sue him, there is nothing I will gain from any damages. I am not in quest of more wealth, rather, on how to spend what I have for the benefit of others. The only time I am happy is when I give. 

    “The request is simple. When Olusegun Obasanjo came, I said no, when Rev Mathew Kukah came, I said no. I have their letters here but on this occasion, I say yes.”

  • Olaopa’s views on Babalola, Farotimi

    Olaopa’s views on Babalola, Farotimi

    By Larry Carlson and Sheila Brooks

    Distinguished Professor Tunji Olaopa’s article captioned: “Babalola and Farotimi: Justice, Just Society and the Nigerian state”, as published by a national newspaper on Monday, 23rd December 2024, has sparked widespread public debates and reactions.

    It is a notorious fact that Olaopa is a Professor of Public Administration and the current Chair of the Federal Civil Service Commission in Abuja, Capital of Nigeria.

    Olaopa’s views on the libelous scandal designed to dent the global image of respected elder statesman, legal icon educationist and Healthcare provider, Aare Afe Babalola, OFR, Con, SAN, LL. D (London), Fellow, King’s College, London, to say the least economizes the truth. The bare truth is that the Civil Rights Activist, Dele Farotimi, probably out of frustration posted by the Nigerian-state or by indolence (since no Government can do everything) needed to make ends meet and therefore had to break ethics by employing gold-digging approach to fertilize his survival strategies, in a system that, though has plenty in every sense, is currently debased by a grinding and multi-dimensional poverty, hunger and social despondency.

    Olaopa in his discourse tried to dissuade a man fondly eulogized as “Baba Law”, a version of what Mr. Williams Akintola, FCA, is in the Accountancy profession in Nigeria, from pursuing redress in the law court. What does he (Olaopa) mean by “…. I see Chief Babalola as being at the forefront of gatekeeping the legal establishment in terms of what is and is not permissible or possible under the law and its conservative tenets.”

    The question that naturally arises is: What is not permissible under the law that Aare Afe Babalola is seeking?”

    Indeed, what are the contentious issues foisted by the incautious Farotimi to distort public peace and soil the hard-earned reputation of a society-friendly figure, Aare Afe Babalola, that fits the description of Olaopa’s “…. leveraged around the David and Goliath motif – that are attending the matter?

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    It is a sad experience that a top-class public servant like Prof. Tunji Olaopa could think in such a way that suggests justice in Nigeria ought to be secured through sentiments or the rhetorical milieu, and no longer based on the facts of law and evidence. Hear his patently weak reasoning: “Unfortunate for him, Barrister Farotimi’s book, “Nigeria and Its Criminal Justice System”, impugned the entire legal and judicial establishment up to its apex institution, the Nigerian Supreme Court.”

    Olaopa continued to add salt to injury in dissecting the matter. Haba, what a careless assertion by Olaopa to declare that: “If Barrister Farotimi cannot prove his allegations in court, it would not mean that his charges are false. It would only imply that the system which is supposed to guarantee justice has become too corruptly dense to achieve its mandate.”

    How can Farotimi make a sweeping and baseless allegation against a patriotic elder statesman of the stature of Aare Afe Babalola, OFR, CON, SAN,  and the entire judiciary while the likes of Olaopa wants it taken with levity? Is it because Olaopa is not personally hurt? Is it because the notable icon of global peace and detribalized figure, Babalola is involved?

    It is time to nail such excesses of Farotimi on the wall to serve as a deterrent to other careless future writers that may want to satisfy the urge of their itchy fingers or promote the assumption that things are better hidden from an African, if buried in a book.

    It would be impossible for minions like Dele Farotimi to perish or wipe away the enduring and sacrificial elements of legacies built, for over six decades, by Nigeria’s double-barrel Honouree, savvy tech-preneur and top-flyer wealth creator, Aare Afe Babalola.  The truth is that the generation of Farotimi and his posterity lineage CANNOT produce anyone close to the stature and popular achievements of Babalola, even by 5% till the end of their sojourn on earth.

    It is evil to witch-hunt or whip hatred for a giant, honest, hardworking, creative and dynamic icon like Babalola, in the belief that, by so doing, one could climb the ladder up to the sky. The Law of Karma does not permit this act of treachery and immoral approach to selfish growth.

    The time is ripe for Farotimi to admit that he goofed and seek means to abate the anger of this noble icon and that of the witty entrepreneur and seasoned technocrat known as Chief Tony Elumelu, and others who were allegedly also attacked in his infamous book.

    Farotimi and members of his ilk should know that it is late, given the level of devotion of Babalola and Elumelu towards public good and national unity, for his charade to distract them from helping to make Nigeria better than they met it. These are committed and patriotic change and development agents whose image and reputation Farotimi’s book targeted for denigration but failed.

    All factors considered, Farotimi’s road to suffocation in the shame of his life is obvious. He is bound to languish in jail if he loses the case and would surely romance with criminals at the Nigeria Correctional Facility should he be unable to pay the damages that may be associated with his self-ignited scandal. It is impossible to use the ladder of a polished elder statesman to win fame and cheap wealth while leaving the icon in pains. We do not think that the Nigerian judicial system is too weak to allow this level of decay where Babalola would be denied justice.

    Impliedly, the so-called activist, Dele Farotimi, has told the world that President Bola Ahmed Tinubu is leading a decadent system – where nothing works and where hate reigns supreme. He should face the consequences of his lethal publication that impedes the peace and happiness of the society.

    Farotimi cannot whip public sentiments in order to curry public favour and to win sympathy in this case, because by his uncouth tongue and savage attitude, he has desecrated the altar of law and insulted the entire Nigerian-state. There is no form of deceit or super strategy that can force the Nigerian legal system or members of the Bench to allow Farotimi, in his own case, to be all at the same time – the defendant, complainant, Court Registrar, Court Bailiff, Prosecutor, representatives of the CSOs, proxies of Human Rights Bodies and the Judge.

    Prof. Tunji Olaopa’s piece seeks to provoke public sympathy for Farotimi, with a view to winning soft-landing for him, but no one can drink water for a thirsty cow.

    His article ought to have summoned the courage to speak against blackmail and literal crime. Crime should be declared by its original name despite our relationship with the committer or offender in order to save the society and promote fairness. Aare Afe Babalola should not be made to suffer in his innocence and to be perpetually ridiculed with reckless abandon.

    As Farotimi has the right to publish untrue matters in reckless fashion, so does Babalola has the right to seek redress and damages for injuries. The calmness of the erudite legal mentor and genius should not be mistaken for weakness or stupidity. Unarguably, he is and he remains the ‘lion’ in the field of law. He literally breathes law, sings law and dances law.

    We admire Aare Afe Babalola for representing a tall icon of conscience in Africa. He is a peculiar breed as age has not diminished his intellectual ingredients, his integrity and the social contract he swore to improve Nigeria in facets or strata of her life. Instead of suffering declining decimal, age hones his skills and widens the horizon of his certified knowledge. When it comes to issues of volunteerism, development and charity, he is on top of the ladder in the African continent while all of us in the CSO space in Europe, Asia as well as in the Arctatic and South and North American continents wish Babalola had been born in ANY of our territory. We are proud of Africa because of the likes of Aare Afe Babalola, SAN, OFR, CON; Chief Tony Elumelu, OFR; Jelani Aliyu, MFR;  Philip Emeagwali, top-performing Governor of Abia State, Dr. Alex Otti, OFR; AfDB’s miracle-worker, Dr. Akinwunmi Adesina; U.S. Hero, Ledum Dennis Ndaanee; Dr. Ngozi Okonjo-Iweala, automobile genius, lnnocent Chukwuma; seasoned technocrat, Dr. Bosun Tijjani; and the tech giant, Dr. Leon Stan Ekeh.

    How we wish Aare Afe Babalola had been part of our origin and development story because he would have helped our entity to propel growth in any of our continents on a fast pace of growth and advancement. Why does Africa want to rubbish the reputation of its liberal investor in Nigeria? Who sent the ‘pupil lawyer’, Farotimi, on this self-destructive mission?

    The state must rise against the category of iconoclasts to which the ignoble activist belongs, if it seeks a better future for itself and as a guarantee for preserving what is left of its battered image in the global arena.

    How can you allege that someone is corrupting or has corrupted the judicial system in Nigeria when the person is not and has never been a jurist or an employee of the judiciary? Is it an issue of rocket science?

    Farotimi must back his wild claims with verifiable facts that comply with all aspects of the Evidence Act. It is not about embarking on media war to sustain the tempo of embarrassment to the Founder of Afe Babalola University, Ado-Ekiti (ABUAD). He must surrender all such claims to the authority saddled with the duties and responsibility of public prosecution.

    Whipping sentiments using the social media and other gossip platforms to induce solidarity, instead of showing remorse and openly seeking forgiveness, cannot hold water.

    It still beats our imagination why Africa envies its best and selfless?  If the witch-hunting charade of the likes of Farotimi is not tamed and selfless patriots encouraged in their deeds of salvation and transformation, how would the continent grow, and foreign investors be attracted to its soil to help create massive wealth and spread collective prosperity?

    Well, it is said that “African ‘prophets’ are not cherished on their soil”, and that “Teachers’ rewards are in heaven”, our doors are wide open for Babalola, Elumelu, et al, to help fly our economies – stimulation growth for the Nano industry and maximize profits (RoI).

    •Professors Carlson and Brooks are Civil Rights Activists and members of the International Volunteers for Development, London.

  • Court grants human rights lawyer Farotimi N30m bail

    Court grants human rights lawyer Farotimi N30m bail

    The Chief Magistrate Court, sitting in Ado-Ekiti, Ekiti State capital, has granted embattled lawyer, Dele Farotimi, bail of in the sum of N30 million after being charged with a 14-count bordering on defamation.

    Farotimi was admitted to bail by Chief Magistrate, Abayomi Adeosun with two sureties who are responsible citizens of the country with one of them owning a house in Ado-Ekiti.

    Farotimi was arrested on December 3 in Lagos by operatives of the Ekiti State Police Command over allegations of defamation leveled against him.

    He was accused in a 14-count charge of defaming a renowned lawyer, Chief Afe Babalola, SAN, in his book titled Nigeria and its Criminal Justice System, where he alleged that Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients.

    In the last two court sessions on December 4 and 10, the court could not grant the defendant bail and remanded him in prison after opposition by the prosecuting counsel, Samson Osobu, alluding that Farotimi is a flight risk if granted bail.

    During the proceedings yesterday, the Chief Magistrate, Abayomi Adeosun, while granting the bail application by the defence counsel, said the offence of defamation preferred against Farotimi is bailable despite taking note of the issues raised by the prosecuting counsel.

    He ordered that the Farotimi must provide a N30 million bond with two sureties who are responsible citizens of the country with one of them a house owner in Ado-Ekiti.

    The court also barred Farotimi from granting media interviews or making comments on the issue pending the determination of the substantive suit in the court, and that he should submit his international passport.

    The head of the defence counsel, Barr. Adejare Kembi, informed the court that the defendant’s international passport had been dropped at the Federal High Court earlier as part of his bail conditions on a different suit on alleged cybercrime against him.

    The magistrate ruled that the defence team should provide a written document from the Registrar of the Federal High Court confirming the receipt of the passport.

    Read Also: Afenifere to police: stop prosecuting Farotimi

    He said: “I have taken note of the fear of the prosecution counsel that he is a flight risk and I have balanced it with the fact that the alleged offence is still a bailable one, and I decided to grant the application on the promise that the defendant will promptly appear for the case.

    “Bail is therefore granted to the defendants on the following conditions: N30 million bond, the defendants shall produce two sureties who should be responsible individuals in the Nigerian society, one of which must be a house owner in the metropolis of Ado-Ekiti.

    “He shall submit his international passport and refrain in the meantime, media interviews or comments whatsoever whether in the electronic or print media during the course of the case.”

    Adeosun, before adjourning the trial of the case till February 13, 2025, ruled on the pending application on the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fusika, for the defendant in the court.

    Citing the principle of judicial precedent relating to the judgment of Ibadan division of Appeal Court on the case between commissioner of police and Bamgboye, the court ruled that senior lawyers (SAN) are not permitted to appear at the Magistrate Court.

    Speaking with newsmen, Kembi, while commending the ruling on the bail application, said the defence team would work towards perfecting the bail conditions in record time for the defendant to have his freedom from prison custody.

    The lead counsel to the nominal complainant (Afe Babalola) Owoseni Ajayi said the team alongside the prosecuting counsel to run the case adding that, “the defendant has scandalise not only Chief Afe Babalola,SAN but the entire judiciary, this is heavy allegation against him that he must defend.”

  • Afenifere to police: stop prosecuting Farotimi

    Afenifere to police: stop prosecuting Farotimi

    The pan-Yoruba socio-cultural group, Afenifere, has urged the police to stop the prosecution of Lagos lawyer, Mr. Dele Farotimi, for alleged defamation of the founder of Afe Babalola University in Ado-Ekiti (ABUAD), Aare Afe Babalola (SAN).

    Addressing reporters yesterday in Lagos, Afenifere said the charge preferred against Farotimi was not known to the laws of Ekiti State.

    Farotimi has been in the eye of the storm following the publication of his book, titled: Nigeria and Its Criminal Justice System, in which the author alleged that Babalola had corrupted the Supreme Court.

    Following Babalola’s petition against the publication, Farotimi was arrested in Lagos and charged at an Ekiti State Chief Magistrates’ Court, which has reserved a ruling on his bail application until December 20.

    His arrest and trial have drawn mixed reactions.

    But the factional Afenifere, led by Chief Ayo Adebanjo, said though it was not against trying the accused, he (Farotimi) should be presumed innocent until otherwise proven in a law with competent jurisdiction.

    Chief Adebanjo said the accused should not be treated as a criminal when he still stands innocent in the face of the law.

    The group’s Deputy Leader, Oba Oladipo Olaitan, who criticised Ekiti Chief Magistrate Abayomi Adeosun for denying the accused bail, said it was clear that the police were out to deny Farotimi his right to free speech and movement.

    Olaitan said this was why the magistrate failed to hear a notice of preliminary objection filed by Farotimi’s lawyers.

    “It is noteworthy that before the resumed hearing of December 10, a notice of preliminary objection had been filed by Farotimi’s lawyers, pointing out that the offences preferred against Farotimi do not exist in the laws of Ekiti State.

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    “The court willfully or unwittingly failed to take notice of this critical objection and went on to further remand the accused until an adjourned date of December 20.

    “It is clearly an act to constructively incarcerate an innocent person accused of an offence recognisable in law.

    “The delay in granting bail to Mr. Farotimi has confirmed the fears of well-meaning people all over the world that these processes are driven by extraneous considerations outside the facts and laws in respect of the petition on which the police and the chief magistrate in Ekiti are hinging their actions.

    “Even as the burden of proof of the charge against Mr. Farotimi is on the prosecution and as the accused person is presumed innocent by the Constitution of the Federal Republic of Nigeria 1999 (as amended), Afenifere charges the police to redeem their integrity by promptly terminating their prosecution of a matter for which the law does not empower them.

    “Afenifere calls for the immediate unconditional release of Mr. Farotimi and for the investigation of the circumstances surrounding his abduction and travails in the hands of his abductors.

    “Afenifere believes that Chief Afe Babalola, like every citizen, has a right to defend his reputation, if injured to the full extent of the law, but not outside the strictures of the law.

    “Therefore, Dele Farotimi must have his day in court. He cannot be unjustly incarcerated. His rights must be similarly protected,” the group added.

  • Another SAN slams N500m alleged defamatory suit on Farotimi

    Another SAN slams N500m alleged defamatory suit on Farotimi

    A Senior Advocate of Nigeria (SAN) and a partner at Afe Babalola law chamber, Olu Daramola, has filed a N500 million suit at the Ojodu Abiodun Division of Ogun State High Court against Tomilola Titus Farotimi also known as Dele Farotimi for alleged defamation in his new book, titled: Nigeria and Its Criminal Justice System.

    The suit was filed barely a month after the one filed by Chief Afe Babalola (SAN) over similar and alleged defamatory words in the book.

    The writ, dated December 13, 2024, was taken on behalf of the applicant by Iheanyichukwu C. Uwa on behalf of Daramola (SAN).

    The claimant is seeking a declaration that the book, titled: Nigeria and Its Criminal Justice System authored by the defendant and in circulation within and outside the country and within the jurisdiction of the court contains some defamatory words on page 64.

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    Daramola averred that the book is offensive, defamatory and derogatory and has brought him into ridicule, odium, disrespect, disrepute and scorn in the eyes of the right-thinking members of the society.

    The claimant is seeking a declaration that the book has injured his character, prestige, pedigree and reputation as an honest, law-abiding, competent, dutiful, reliable, diligent and trustworthy legal practitioner.

    He is seeking an order of the court to award him N500 million against the defendant, being exemplary and general damages in favour of the claimant for the book authored by the defendant and said to be in circulation all over the country.

    Daramola is seeking a court order to compel the defendant to publish an unreserved apology in The Guardian and The Punch or any other two widely national newspapers to retract the libelous excerpts in the book.

    The claimant is also seeking a court order directing the recovery and destruction of the book authored by the defendant and currently in circulation across Nigeria and within the jurisdiction of the court in hard and soft copy formats from all bookshops, libraries, archives, booksellers, social media and online platforms, amongst others.

    He is also seeking an order of perpetual injunction restraining the defendant, whether by himself, privies, agents, servants, workers, officers, or any other person howsoever described from publishing, causing to be published or in any other manner circulating the said offensive book in hard and soft copy formats authored by the defendant on the claimant.

    Daramola is praying the court to direct the defendant to pay interest on the judgment sum awarded to the claimant at the rate of 10 per cent per annum from the date of judgment in this suit until the judgment debt is fully and finally liquidated.

    No date has been fixed for hearing of the suit.

    Farotimi is currently in the custody of the Nigeria Correctional Service (NCoS) and is yet to file a response to the suit.

  • JUST IN: Another N500 million alleged defamatory suit filed against Farotimi

    JUST IN: Another N500 million alleged defamatory suit filed against Farotimi

     A Senior Advocate of Nigeria (SAN), Olu Daramola, a partner at Afe Babalola law chamber,  has filed a N500,000,000 suit at at Ojodu Abiodun division of  Ogun State High Court, against Tomilola Titus Farotimi also known as Dele Farotimi for defamation alleged to be contained in his new book titled “Nigeria and Its Criminal Justice System”.

    The suit was filed barely a month after an earlier one filed by Chief Afe Babalola (SAN) over similar and alleged defamatory words contained in the book.

    The writ, marked HCO/65/24 dated December 13, 2024 was taken on behalf of the applicant by Iheanyichukwu C. Uwa on behalf of the applicant, Olu Daramola (SAN).

    The claimant,  Daramola, is seeking a declaration that the book, titled ” Nigeria and Its Criminal Justice System” authored by the defendant, in circulation within and outside the country and the jurisdiction of the Court, contained some defamatory words on its page 64 as published and distributed by the defendant, regarding the claimant is offensive, defamatory and derogatory and has brought the claimant into ridicule, odium, disrespect, disrepute and  scorn in the eyes of the right-thinking members of the society.

    The claimant is seeking a declaration that the book as published and distributed by the defendant and regarding the claimant has injured the claimant’s character, prestige, pedigree and reputation as an honest, law abiding, competent, dutiful, reliable, diligent and trustworthy legal practitioner.

    The claimant is therefore seeking an order of the court awarding N500,000 against the defendant being exemplary and general damages in favour of the claimant for the book authored by the defendant and said to be in circulation all over the country.

    The claimant sought an order from the court compelling the defendant to publish an unreserved apology in the Guardian Newspaper and The Punch or any other two widely national newspapers retracting the said libelous excerpts as contained in the book authored by the defendant and within the jurisdiction of the court.  

    Read Also:Babalola, Farotimi and the Ekiti saga

    The claimant sought an order of the court directing the recovery and destruction of the book authored by the defendant and currently in circulation across Nigeria and within the jurisdiction of the court in both hard and soft copy formats from all bookshops, libraries, archives, booksellers, social media and online platforms amongst others.

    An order of perpetual injunction was sought by the claimant restraining the defendant, whether by himself, privies, agents/servants, staff, officers, or any other person howsoever described from publishing, causing to be published or in any other manner circulating the said offensive book both in hard and soft copy formats authored by the defendant regarding the claimant.

    The claimant further asked for an order of the court directing the Defendant to pay interest on the judgment sum awarded to the Claimant at the rate of 10% (ten per cent) per annum from the date of judgment in this suit until the judgment debt is fully and finally liquidated.

    No date has been fixed for hearing of the suit now as the defendant, currently in custody of the Nigeria Correctional Service (NCoS) is yet to file a response to the suit.

  • Babalola, Farotimi and the Ekiti saga

    Babalola, Farotimi and the Ekiti saga

    Days after Dele Farotimi, activist and lawyer, was dragged before a Federal High Court and a Magistrate Court in Ekiti State to answer for his audacious characterisation of legal icon Afe Babalola, 95, as a corrupter of the justice system, Peter Obi, former presidential candidate of the Labour Party (LP) travelled to Ado Ekiti to mediate the legal kerfuffle between the two. Mr Farotimi was Mr Obi’s presidential campaign spokesman, and he continues to represent a faction of the party still embittered by the role it alleged the judiciary played in the LP presidential loss. No one could tell last week whether Mr Obi’s visit was entirely at his own instance or, as some alleged, at the instance of the straddling ex-president Olusegun Obasanjo, himself a supporter of Mr Obi and also a friend of Chief Babalola. However, regardless of who initiated the visit, the former candidate and still LP leader of sorts was in Ekiti last week where he parleyed for an hour or two with Chief Babalola, and then visited his former aide Mr Farotimi in prison to have a word with him, perhaps on the virtue of legal and authorial sobriety. Unconfirmed reports sourced from the meeting indicate that the legal icon was accommodating, but the upstart lawyer and author of the controversial and offending book, Nigeria and its Criminal Justice System, remained defiant.

    The Federal High Court may have granted Mr Farotimi bail on reasonable terms, and the Magistrate Court will ineluctably follow when it sits sometime this week, but the uppity activist seems to be enjoying the hoopla, particularly the snide and withering attacks on Chief Babalola’s reputation. The attacks are generally idiosyncratic of the Obidients who terrorise the social media, cruelly and maliciously projecting cancel culture, and promoting all kinds of tendentious reports about the fate awaiting the legal icon should he persist in asking for his pound of flesh from the author of the book. Most of those who have commented on the Ekiti cause célèbre have not even bothered to read the book, nor realised that Mr Farotimi was neither a defence nor prosecution counsel in the celebrated land case that formed the kernel of the author’s alleged defamatory statements. He was introduced into the case only after it had been resolved at the Supreme Court and judgement was being executed. His book undoubtedly rides on the wave of the ill-tempered opinions of Nigerians who uncritically analysed the 2023 presidential election and determined that only corruption could have led the courts to give jdugements in favour of the ruling party.

    The courts, assuming Mr Farotimi and his friends understand law and still hold a modicum of respect for the judiciary which they continue to traduce so bitterly, will determine who is right between the injured Chief Babalola and the euphoric and highly opinionated social media terror group calling itself Obidients. The latter hope that along the line, certain facts will emerge to embarrass Chief Babalola and expose him as a man wholly devoid of reputation. They latch on to unsubstantiated entries in United States diplomatic cables, gossips and titbits with no legal evidentiary value, and they project their wish over reality, lionising Mr Farotimi, deifying Mr Obi, and demonising Chief Babalola. They are impatient for the court’s reasoning and decision; and if judgement does not favour them, then the courts have been bought. It is not certain that Mr Obi’s visit was at the behest of Chief Obasanjo, but if it was, it would be dispiriting that an author, who admittedly is the Obidients’ good but pampered boy, could savage a man’s reputation so badly and the victim is being pressured to reach accommodation outside the courts. They know, and their instincts confirm it, that Mr Farotimi has no legal pedestal to stand on; but they insinuate threats about uncovering hidden facts to discomfit the old lawyer and make him wilt.

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    Hopefully, not to long from now, Chief Obasanjo’s secret longings on the case would be exposed. It would then be proper to take him on. But for now, it is enough to focus on Mr Obi’s Ekiti mediatory visit. Like his mentor, the bedraggled protégé and former LP candidate seems to think that his presidential election loss was due to judicial shenanigans instigated by rich and powerful politicians. They leave no room for incompetent legal arguments or sloppy tendering of evidence by complainants, and offhandedly dismiss any possibility of the eminent justices remaining genuinely unpersuaded. In the lexicon of Obidients, all of whom have coincidentally rallied to the cause of the uppity lawyer, the judiciary should be disposed off entirely, peacefully if it can be managed, or revolutionarily if it can’t be done by pressures and fiat. They also leave no room for incremental improvement in institution building, for in their view Rome must be built in a day. No leader worth his salt would wade into the fray at this stage of the Farotimi case. But Mr Obi is neither worth his salt nor knows his onions. Of course a book can be written on the justice system, and a case made for urgent and even radical reforms and streamlining of the judiciary as an institution. But there are ways to write a book, with facts held sacred and deployed in such a manner that readers will appreciate the industry brought into the work by a seasoned author. Great books have been litigated before; but when a book is irredeemable and seemed to have been instigated by malicious ill will, a political leader must be circumspect in lending his image in any guise to such works.

    Chief Babalola believes his character has been defamed. If the Supreme Court had a voice and could express it in their own defence, they would also feel slandered by Mr Farotimi. But the warriors on social media do not think these victims should complain, let alone litigate their grievances, nor be entitled to be heard or seek redress. There is danger ahead, much of it inspired by the social media and its nefarious and fanatical denizens. Indeed, if this tendency is not counteracted, intolerance will take root and spread unchecked, creating regional, ethnic, political and religious tensions. Worse, opinionated youths inebriated by the power of cancel culture which they wield recklessly and irresponsibly will continue to run rampant all over the country and on social media; and leaders lacking in foresight and vision will maliciously and mischievously take short-sighted electoral advantage of this new form of politics. These twisted leaders ignore the lessons of state collapse and failure, with Syria, Iraq, Iran, Lebanon, Mali, Burkina Faso, and a host of others serving as cautionary stories of why states collapse. By indulging Mr Farotimi with mediatory excursions, Mr Obi obviously appears inured to the dangers lurking in the corner for a deeply polarised Nigeria, a country pulling in many ethnic and religious directions at the same time.

    There are many ways not to write a book. But Mr Farotimi is too heady to take any lesson to heart. He should be allowed to quietly go through the judicial process, since he cannot import a new justice system just yet. Chief Babalola should also be allowed to seek redress unfettered by the idiocies on social media. Authorial violence and the inconsiderate actions and intolerance of some loud and persistent public commentators threaten to destroy the country rather than reform the justice system or the myriad national institutions wracked by bureaucratic and regulatory disease. If care is not taken, and at this rate, the 2027 polls may very well become a tinderbox.

  • Alleged defamation: Oyo High Court orders mop-up of Farotimi’s ‘toxic’ book

    Alleged defamation: Oyo High Court orders mop-up of Farotimi’s ‘toxic’ book

    • Lawyer restrained from further publication, sale of Nigeria and Its Criminal Justice

    Justice M. A. Adegbola of an Oyo State High Court sitting in Ibadan yesterday granted an interim order restraining human rights lawyer, Dele Farotimi, his publishers and their re-publishers from further publication and sale of the book, titled: Nigeria and Its Criminal Justice System.

    The book allegedly contains libelous content against the Founder of Afe Babalola University in Ado-Ekiti (ABUAD), Aare Afe Babalola (SAN).

    Farotimi was arrested last week in Lagos for alleged cyber-bullying preferred against him by the Inspector General of Police (IGP).

    The court order named the publishers and their re-publishers of the “inciting” boos, including Amazon Online Bookstore, Rovingheights Bookstore, Booksellers Bookstore, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore, and Patabah Books Limited, from further selling the book.

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    It also ordered that the publication, whether in hard or soft copy, should be stopped from further publication and sale through any mainstream or social media platform or any other means whatsoever, pending the hearing and determination of the motion on notice for an interlocutory injunction.

    Mr. Adebayo Adenipekun (SAN) instituted a suit – Adebayo Adenipekun versus Dele Farotimi & Anor – at the Oyo State High Court on Monday.

    The court adjourned the motion on notice for the interlocutory injunction till January 7, next year.

  • Farotimi: Let justice be served

    Farotimi: Let justice be served

    Defamation is not a light matter. It is a serious case which borders on the honour and integrity of the defamed. Nobody wants his reputation destroyed. Our names and reputations are the only things we have going for us. Though inanimate, they breath life when we are not there and speak for us through a third party.

    Behind us, a person will ask and respond all by himself: ‘do you know so and so (mentioning the person’s name): he is a good man’. We all want to be described as such not only in our presence but also when we are not there. This is why we all cherish a good name, which the scripture says, is better than gold and silver.

    A good name matters. It is a legacy that is handed down from generation to generation. No father wants to hand down a soiled name to his children. No matter how bad a father is, he still struggles to look good before his children. He makes them to believe that he is a good man, even when he is not because he does not want them to carry the baggage of his infamous name.

    But then names and reputations can be destroyed by people who do not mean well. They can wake up one morning and cook up stories about someone all in an effort to destroy that person. They will claim free speech in so doing. Free speech is not absolute; it comes with a responsibility. As an advocate of free speech, I know that you cannot write or say something that is untrue about the other person without having your facts. Facts are sacred, comment’s free, according to C.P. Scott, the legendary editor of Manchester Guardian.

    Can you call a man a thief, a fraud, a corrupter of others and a bribe taker when you do not have the facts? The answer is no. The position of the law is also clear on matters like these: ‘he who alleges must prove’. It is not enough to allege, the deponent must go a step further when called upon to do so, to provide proof. Gone are the days when affidavits were taking at their face value. The averments in the affidavits must be proven when you get to court.

    So, also are the allegations made in a book. The author must be ready to prove them when those he mentioned take him up on the allegations against them. A book or any publication for that matter is not an avenue to malign or damage people’s character. A book is meant to entertain, educate and inform. It is not for character assassination. When it is seen as a tool for character assassination, it is the duty of the author to allay the fear of all, especially the aggrieved, that it is not.

    If the author cannot do that, he should be ready to pay the price for his action. There is a thin line between free speech and defamation. Writers have to be cautious of walking this line whenever they are writing. An experience writer knows how to navigate the waters, but an amateur gets easily carried away by what he wants to put down that he is unmindful of the consequences. But a lawyer, even if he is not a writer in that sense, should know better.

    A lawyer, Dele Farotimi’s book: “Nigeria and its criminal justice system” has become a ‘best seller’, according to reports since his travails began following his arrest in Lagos and transfer to Ekiti on December 3. This was a book that publishers did not touch even with a 10-foot pole when he wanted to get it published initially. He had to publish it on his own. Why are the publishers that ran away from the book then today trying to outdo themselves in associating with it?

    It is because of the controversy that it has generated following the author’s arrest and arraignment in an Ekiti magistrate’s court for criminal defamation. A senior advocate of Nigeria and educationist, Aare Afe Babalola, is alleging that Farotimi maligned him in the book. He quoted portions of the book where his character was assassinated. Those portions are not replicated here so that we are not caught in the libel web too. The rule is that you do not repeat a libellous publication under the guise of reporting it. If you do, you also become liable.

    Much has been said in the public domain about the Babalola and Farotimi case. Like Babalola, Farotimi is also well known. Apart from being lawyers, they had a common candidate in Peter Obi in the 2023 presidential election. So, in a manner of speaking, they shared something together until Farotimi’s book tore them apart. Farotimi’s allegations, which Babalola denies in their entirety, are now well known to the public, including the publishers that are feasting on the row to make a killing.

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    There are divergent reactions to the case, beginning with what some called Farotimi’s forceful arrest in Lagos before he was taken to Ekiti. Babalola is said to be instrumental in Farotimi’s plight. Babalola says he is fighting to protect the name and integrity that he has built over the years. Every reasonable person will fight such a battle too. About two months ago, activist lawyer Femi Falana (SAN) found himself fighting this same battle when VeryDarkMan (VDM) accused him and his son Folarin over the Bobrisky jail sojourn saga.

    Falana said then that he would not go for criminal defamation because of the work he is doing to decriminalise free speech in West Africa, but he settled for a civil action against VDM. The matter is still in court. Babalola has not only opted for a criminal action, but he is also pursuing a civil case against Farotimi. It is a matter of choice for the aggrieved party. Criminal defamation is no longer an offence in Lagos, but it still is in Ekiti where Farotimi is being tried.

    Farotimi has made his allegations in his book, he now has the chance to prove them in open court so that the whole world will know if they are true. Farotimi should therefore not miss the opportunity that this case has presented him to prove his allegations not only against Babalola but also against all those he mentioned in his now ‘best selling’ book. Babalola is not demanding too much by asking Farotimi to prove his allegations in court.

    I agree that the circumstances of Farotimi’s arrest in Lagos might not have been tidy, but like any other Nigerian treated in that manner, he has his remedy in law. He knows what to do about that. However, this has nothing to do with the case of criminal defamation against him. Farotimi cannot hide under the manner of his arrest to evade providing proof of his allegations against individuals and organisations mentioned in his book.

    We have made talk too cheap for too long in this country. It is time those who engaged in such talks were made to back their claims with facts and figures. This is the kind of society that people like Farotimi say they want. Let him avail himself of the opportunity of his trial to walk the talk. To do otherwise will not make him different from those he has been criticising for ‘running and ruining’ the country.

    Since the Bible says a good name is better than gold and silver, what should a man do if his good name is tarnished? Keep quiet and take it in his strides? Your answer is as good as mine.