Dele Farotimi Will Be Freed Only If He Can Defend His Allegations – Afe Babalola’s Lawyers

The legal representatives of Afe Babalola, SAN, the founder of Afe Babalola University in Ado Ekiti, have asserted that the controversial human rights attorney, Dele Farotimi, will remain in custody until he substantiates his claims against the esteemed elder statesman.

The attorneys indicated that Babalola had formally requested the police to investigate the defamatory statements made by Farotimi in his publication titled, ‘Nigeria and its Criminal Justice System.’

They emphasized that the decision to bring the activist before the court was a necessary step for the law to address the allegations appropriately.

Furthermore, the lawyers contended that Farotimi’s actions were aimed at damaging Babalola’s hard-earned reputation, which he has cultivated over many years of dedicated effort.

Afe Babalola’s lawyers stated this at a press conference held on Friday in the capital of Ekiti State.

Babalola’s counsel who addressed the media at the event is Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all of whom are former chairpersons of the Nigerian Bar Association, Ado Ekiti Branch.

In response to Babalola’s petition, the police in Ekiti State apprehended Farotimi in Lagos on Tuesday and subsequently presented him before an Ekiti State Magistrates Court in Ado Ekiti on Wednesday, facing charges related to defamation against the elder statesman.

While the police requested the court to remand Farotimi in a correctional facility, his attorney sought bail for him. However, Chief Magistrate Abayomi Adeosun ordered Farotimi to be remanded and adjourned the case until December 10, 2024.

Owoseni Ajayi, the lead counsel for Babalola and a former Commissioner for Justice and Attorney General in Ekiti State, stated that the purpose of the press conference was to clarify various misleading reports concerning the ongoing legal proceedings between the Nigerian Police and Farotimi regarding the defamation allegations against 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,” he added.