As Legal Battle in Babalola, Farotimi Case Resumes this Week…

No doubt the recent arrest and subsequent remand of rights activist and lawyer, Dele Farotimi may serve as a bad publicity for legal icon, Aare AfeBabalola, SAN, it nonetheless raises concerns on the need to protect the destruction of other people’s reputation, image, integrity on the altar of freedom of speech, writes Alex Enumah.

Barely few days after his arrest, rights activist and lawyer, Mr Dele Farotimi has become not just a global citizen, but his book at the center of his predicament and controversy, suddenly rose to number one spot on the Amazon best selling list.

Farotimi had since news of his arrest last Tuesday, became the darling of many rights activists, lawyers including the Nigerian Bar Association and the general public, many of whom don’t have an understanding of the real issues at stake. Some sympathizers like the publisher of Sahara-reporters online news, Omoyele Sowore and the obedient group have issued ultimatum to the federal government on the need to immediately release Farotimi or be prepared for nationwide protest.

Unfortunately, the reverse is the case for his opponent, revered educationist and philanthropist, Aare AfeBabalola. Ideally, the legal luminary and nonagenarian, who is the victim due to the grievous but unsubstantiated corruption allegations against him, have been receiving unrelenting abuses and insults from both young and old in the last one week. His offence, was that he chose to defend corruption allegations levelled against him in the book, “Nigeria and Its Criminal Justice System”, authored and self-published by Mr Dele Farotimi.

The activist and former spokesman of the Obi-Datti Presidential campaign had in the book alleged that Chief AfeBabalola, “corrupted the Supreme Court to procure a fraudulent judgement in the service of his clients”. While little was known of the book published in July this year, a recent media interview and last week’s arrest of Farotimi by officers of the Nigeria Police Force, acting on a petition by the nonagenarian and founder of the AfeBabalola University, Ado-Ekiti (ABUAD), sparked a serious uproar in both the social and main media, with the usual characteristics of divides alongside emotional and objective leanings.

Most of the supporters of Farotimi, condemned the Police, accusing the force of doing the bidding of Babalola, by going all the way to Lagos to arrest the activist and subsequently arraigned him before a Magistrate Court, who also ordered his remand till December 10, 2024 to hear Farotimi’s bail application. It is their position that the police was wrong to have involved themselves in what according to them is a civil offence at most. Besides, they argued that Farotimi cannot be arrested in Lagos and arraigned in Ekiti because the said book was published in Lagos, where the alleged issue of defamation raised by the SAN, was not a criminal offence.

Sympathizers and supporters of the nonagenarian however, hold a contrary view. While noting that defamation could either be civil or criminal, this group observed that a person who feels defamed can decide which course of remedial action to take depending on the level of punishment he/she wants to extract. They further argued that defamation cases can be prosecuted anywhere outside the place of origin or where the offense is allegedly committed. According to them, a book where a person is defamed may be written or published in Lagos State as in the instant case but, that book written or published in Lagos is being read all over the world.

Furthermore, while they argued that the effect of the book can be on someone and a set of people in Ekiti, and other states of the federation, they submitted that because the book was published in Lagos was not enough to argue that the author cannot be arrested or prosecuted in Ekiti because AfeBabalola, who is a subject of defamation, lives in Ado Ekiti. The effect of the defamation is on him in Ekiti, his family, businesses, associates, and friends all over the world.

In less than one week of this imbroglio, there is no gainsaying the fact that the reputation of the revered senior lawyer and nonagenarian has been so lowered in the eyes of many members of the public as evidenced by all manner of abuse and insults being hauled at him, especially in the social media.

The Police in its own defence, pointed out that contrary to allegations that they were being used to punish the activist, observed that Farotimi was arrested based on a warrant by a court in Ado-Ekiti, following his refusal to honour invitation to defend the defamation petition against. Both in his interview and in the fresh charge against him, the rights activist had declined to respond to the court’s proceedings prior to his arrest.

Part of the fresh 12 count charge filed against Farotimi on Friday read, “That you Dele Farotimi on December 2, 2024 intentionally sent a message in the course of a press conference held on Online on your YouTube Channel (https://www.youtube.com/watch?v=0k6HzdQXLEk) where you stated that: “It came to my knowledge that there is a charge preferred before a court in Ekiti State against me at the instance of Chief AfeBabalola. This preferred, hidden from view and the court had purpottedly demanded my presence multiple times and failed to appear before the court and this Court had then proceeded to issue bench warrant for my arrest, This is classic AfeBabalola, I detailed his corruptive influence in my book titled: ‘Nigeria and its Criminal Justice System”, which you know to contain false information for the purpose of causing breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

“That you Dele Farotimi on August 28, 2024, knowingly and intentionally transmitted communication in an online interview on Mic On Podcast by SeunOkinbaloye on your YouTube Channel (https://www.youtube.com/watch?v=4USuxBfZCQA) in respect of a book authored and published by you titled: “Nigeria and its Criminal Justice System” wherein you stated in the interview that: “If Aare AfeBabalola is the only person licenced to enjoy that level of impunity, that is different” with the intention of bullying and harassing the named persons thereby committed an offence contrary to and punishable under Section 24 (a) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

While reacting to the whole development, lawyers to AfeBabalola maintained that Farotimi must prove the allegations before he can be freed.

“The Constitution recognizes Fundamental Human Rights and our firm has championed these rights in over 60 years of its existence. However, these rights are not absolute. The freedom to speak is not freedom from consequence of speech. And the subject of speech also has a fundamental right to hold the speaker accountable using lawful means.

“Since the matter is subjudice, we do not intend to join issues in the media on the merits of our complaints or the strength of evidence against MrFarotimi. Unlike him, we believe in the justice delivery system every time – not only when it favours us. In six decades of litigating cases across Nigeria, we have encountered several lawyers who prevailed against us in court. Their existence disproves MrFarotimi’s wild accusations and indicates that at the end of this process, only the law will matter — not media tactic or street yelling”, Adebayo Adenepekun, SAN stated.

Also speaking at a press conference on Friday, other lawyers including OwoseniAjayi, OlakanmiFalade, and Lawrence Fasanmi, observed that charging Farotimi to court by the police was for the law to take its due course on the issue. They explained that the purpose of the press conference was to correct the misleading publications about the ongoing matter between the police and Farotimi.

While urging Nigerians to verify and find out what the truth is first before picking a side, Ajayi queried if it was wrong for the senior lawyer to seek justice for the false utterances against him. He stated: “Should justice only be available to Mr. Dele Farotimi because Aare AfeBabalola 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.

Similarly, the leading pan Yoruba group, Afenifere over the weekend urged Nigerians not to be divided by the issue but, should rather allow the law takes its course. Speaking on the issue, the group in a release by its National Publicity Secretary, Comrade JareAjayi, stated that “the legal system provides an opportunity for parties in a dispute to prove their cases. Afenifere is of the strong opinion that the interests of both parties and the general public must be protected and justice dispensed fairly.”

It was the position of Afenifere that the court is in the best position to determine how these interests are protected, and to ensure that the prosecution is conducted in a manner that better serves the interest of justice. The group while appealing to all parties to avoid statements and actions that may lead to a breach of peace, called on the government to ensure that all persons conduct themselves in accordance with the rule of law.

 “We enjoin all parties to conduct themselves in total submission to and respect for the rule of law”, the group urged, just as it called on the judiciary to dispense justice without fear or favour. The group therefore warned Nigerians including the parties that are directly involved, to resist the temptation of heightening tension.

As legal fireworks resume at the Magistrate and Federal High Court, both in Ado-Ekiti, the need for all and sundry to be cautious of their utterances, statements and publication has once again been brought to the fore, because of the attending consequences. Someone once advised that, “as an activist, if you are thinking of making a statement, check that the statement is not defamatory”.

For a statement to be defamatory it must have the following elements: .Lower the person in the estimation of right-thinking members of society generally;

.Expose him/her to hatred, contempt or ridicule;

.Cause other persons to shun or avoid him/her;

.Discredit a person’s office, trade or profession; or

.Injures his/her financial credit.

One is tempted to ask the need, relevance and or importance of attacking Aare AfeBabalola in the book, “Nigeria and Its Criminal Justice System”.

Was the motive to trend or promote the book; by risking jail terms. Already, since his arrest last week, Farotimi has daily made headline news beyond the shores of Nigeria and Africa, particularly with his book now occupying number one spot on the Amazon best selling book list.

However, as we await the court to determine the case of defamation and cybercrime against the activist, it is pertinent to state that all the affected individuals and the country in general would have been spared this monumental embarrassment, especially the judiciary that has been struggling with a bartered image. Allegations of corruption, bribery and compromise against judges and lawyers, especially influential SANs are not strange to Nigerians. Such allegations when made without evidence however amounts to a disservice to the country and the person making the allegation.

Hence, it is expected that before such allegations were made against any individual, people or institutions, there must be substantial or incontrovertible evidence of such.

Farotimi, is not a new wig that may be ignored for making such a strong allegation of corruption against the senior lawyer, neither would he be said to have simply engaged in idle and unsubstantiated comments. Although, some people think Farotimi may have an axe to grind after allegedly losing in a case against Babalola and as such cannot be an impartial arbiter in this instance. However, it is believed that he may have had solid evidence against AfeBabalola, which he intends to present at the appropriate time and the appropriate place to do so is the court.

Be that as it may, people should always remember that, “A person’s freedom ends where another’s begins”. So, while Farotimi has a right to Freedom of Expression, he should know that Babalola also has a right to protect himself and family whenever they are attacked, especially through the court, where all attention is now shifted. While the Police had slammed a 16-count charge bordering on defamation against Farotimi at the Magistrate Court, the activist is set to face another 12-count charge bordering on cybercrimes at the Federal High Court.

From all indications, the rights activist may likely spend his Christmas and the New Year in custody, not because he was championing any public interest or good but because of a careless utterances and publication. Recall that the Magistrate Court had adjourned to December 10, for hearing in his bail application, what conditions attached to the bail if granted would determine how soon he is released to enable him defend himself in the defamation charge. Although, the charge at the Federal High Court was filed on Friday, how soon it would be assigned to a judge and the judge commencing trial is another issue, considering the fact that the Federal High Court is going for its Christmas vacation next week.