Court Halts Further Publication Citing Bukola Saraki in Alleged Attempted Killing

•Orders IG to investigate Facebook account of Fafoluyi Micheal

•HURIWA condemns order seizing Farotimi’s book in alleged defamation

Alex Enumah in Abuja

A High Court of the Federal Capital Territory (FCT), restrained one Micheal Fafoluyi, as well as media organisations from further publication and or circulation of alleged defamation relating to the former Senate President, Dr Bukola Saraki.

Justice J. O. Musa issued the restraining order while delivering ruling in an application brought by the former Senate President and former governor of Kwara State, against Mr Fafoluyi, over alleged defamatory items in his Facebook and Twitter (now X) handle in January last year.

Saraki had in the motion requested the court to amongst others restrain the defendant from further publication and circulation of the post titled: ‘Police Overpowers Saraki’s PDP assassins, Ojulari on attempt to kill the All Progressives Congress (APC) candidate for Ilorin West/Asa Federal Constituency, Muktar Shagaya, at an APC rally in Ilorin last year.

According to the former Senate President, the said publication was defamatory and injurious to his person and reputation.

He therefore, prayed the court to direct the defendant, “to issue an unreserved public apology to the Claimant, such apology to be published in at least three (3) national newspapers widely circulated throughout the Federal Republic of Nigeria and on the Defendant’s Facebook.

“The sum of N10 billion being general damage for the severe embarrassment, psychological trauma, and reputational loss occasioned by the defendant’s defamatory publication.

Delivering ruling, yesterday, Justice Musa, held that, “The point I am struggling to make is that the claimant has met the requirement of the law as stated in the locus classicus cases on injunction …. In the light of the facts in support and against the Motion, I therefore hold that the motion has merit and ought to be granted in the following terms.

“The Defendant, Fafoluyi Olayinka Michael is hereby restrained by this Honourable Court whether by himself and/or by his agents, servants, any media house or online platform, privies or any other person or authority howsoever named or described from publishing circulating and or/disseminating the post titled ‘Police Overpowers Saraki’s PDP assassins, Ojulari on attempt to kill All Progressives Congress candidate for Ilorin West/Asa Federal Constituency, Muktar Shagaya at APC rally in Ilorin,” widely circulated on his X (formerly twitter) page or any other post in which the Claimant was featured irrespective of its contents in obedience to lispendis, pending the hearing and determination of the substantive suit.

“It is ordered in the name of the President of the Federal Republic of Nigeria that the Inspector General of Police or the Officers in charge of cyber crime under his command and control cause an investigation into the alleged use of the Facebook account @FafoIuyi Olayinka Michael (Solace) by an unknown person claiming to be Fafoluyi Olayinka Michael (Solace) and take necessary investigative action forthwith.

“It is further ordered that the outcome of the court-ordered investigation be served on all the parties in this suit. The Registrar of this court shall serve the Certified True Copy of this ruling together with the enrolled order on the Registry of the Inspector General of Police for compliance.

“This suit is adjourned to February 10 and 11, 2025 for definite hearing. Hearing Notice to be served on witness on subpoena.”

HURIWA Condemns Order Seizing Farotimi’s Book

Meanwhile, the Human Rights Writers Association of Nigeria (HURIWA), has condemned the recent court order directing the seizure of Dele Farotimi’s book, “Nigeria and its Criminal Justice System.”

He described the order as a glaring example of anti-intellectualism and a setback for democratic ideals.

HURIWA also decried the warning issued to bookstores by Afe Babalola’s law firm, stating that such actions were unconstitutional and amount to an infringement on the fundamental rights of individuals and businesses.

The rights group’s position was contained in a statement by its National Coordinator, Comrade Emmanuel Onwubiko.

While describing the order as a disturbing echo of medieval practices that suppressed intellectual freedom, HURIWA observed that, “this order is anachronistic and reminiscent of the actions of the Crusaders nearly a thousand years ago, who burned books they deemed contrary to their interests.”

According to Onwubiko, such a move has no place in a modern democratic society that prides itself on freedom of expression and intellectual debate.

HURIWA particularly faulted the warning issued to bookstores, asserting that it was unconstitutional to hinder legitimate trading in books, especially when those bookstores were neither parties to the legal suit nor given a fair hearing in line with Section 36(5) of the Nigerian Constitution.