Court Dismisses Defamation Case Against Dele Farotimi

The Ekiti State Chief Magistrates’ Court in Ado-Ekiti has dismissed a defamation case against human rights lawyer Dele Farotimi.  The case was withdrawn after the police prosecutor, Martins Akala, filed an application to discontinue it. Farotimi had been charged on December 4, 2024, over claims in his book, Nigeria and its Criminal Justice System, where he accused legal icon Afe Babalola of influencing Supreme Court justices. The court had granted him bail on December 20, 2024, and scheduled a hearing for February 13, 2025. The decision to drop the case followed a request from Afe Babalola, who agreed to withdraw all criminal defamation charges after discussions led by traditional rulers, including the Ooni of Ife, Oba Adeyeye Ogunwusi. During the court session on Thursday, the police prosecutor informed the court that authorities had instructed the withdrawal of the case. The defense counsel, Kembi Adejare, had no objection. Chief Magistrate Abayomi Adeosun ruled that the case be struck out, marking its official end. Following this development, some have expressed the view that the claims in the book by the author had been validated.

Obi Meets Farotimi After Release from Prison

Peter Obi, the Labour Party’s 2023 presidential candidate, paid a visit to Dele Farotimi at his Lagos home following Farotimi’s recent release from an Ekiti prison.  Obi shared on social media that it was his first time seeing Farotimi since his release after spending 21 days in detention.  READ ALSO: Ghana Opens Border to All African Nationals Farotimi, a former spokesperson for Obi’s campaign, was accused of defaming prominent lawyer Afe Babalola in a book, The Cable reports. He was granted bail on December 24, 2024, after being arrested in early December.  Obi expressed satisfaction over Farotimi’s positive spirits and his continued commitment to advocating for a better Nigeria.

Nigeria: Challenging the Dysfunction, Rebuilding the Institutions

“My faith in my country is anchored on the knowledge that nation-building is like making sausage. It is a messy, ugly, unending process. Every nation has its fair share of shit, the difference between failed and successful nation states is not measured by their inherent perfection but by the commitment of their citizens to the patriotic task of constant improvement and adding more layers of growth from lessons learned from past mistakes and failures in the gradual, unending and never-completed task of building the elusive perfect union.“ Beyond the particular case of Dele Farotimi versus Aare Afe Babalola which hopefully will be fairly decided in the court of law, after listening to his lengthy video interview, I have to agree that Dele Farotimi made a compelling case about the decadence, the abject lack of integrity and probity in the Nigerian judiciary. Frankly, that should not come as a surprise to most Nigerians. In most Nigerian lived experience we have all at one time or another been confronted with, and victimized by the obscenely ugly side of the Nigerian legal system starting with the decadent, corruption ridden, oppressive Nigerian police force which victimizes the poor with illegal arrest and bribery at every point in our interaction with it while the rich gets away with murder. A police force which ordinarily should serve as the foundation of the judicial system, but which instead is the agency in which the victim of crime is made to pay for the book on which his or her case will be documented and to provide fuel to the car to arrest the offender. A police force that will advise the criminal how to circumvent the law. READ ALSO: Stop the In-fighting at FUHSO We have seen a judiciary where justice is meted out according to the pocket book. A judicial system in which a poor man who steals rickety cellphone, if he escapes lynching by the mob, would be lucky to get 10 years in jail while a white collar criminal who steals billions and with a water-tight case against him or her by the EFCC , will have his or her case killed with adjournments amidst injunctions. If we are going to be honest with ourselves, the weight of evidence against our judiciary like every single institution in our country starting with our religious bodies, the churches, the mosque and the traditionalists, to our educational system where certificates have been commoditized and sold to the highest bidder or with demand for sexual favor or exploitation, to the highest level of our government, is that the stench and rot is so deep, so total, so all-encompassing, and so systemic, that they are almost irredeemable and all need to be totally blown into shreds and rebuilt from the ground up. That is the honest to God truth. Until then, we shall be moving from one crisis to another. It is a bitter pill to swallow but there is no escaping it. It is sad and demoralizing but we must face our stack reality. This is bigger than President Tinubu because the rot in our institutions predates him. It has been long, deep and systemic from its foundation. PLEASE READ: Shettima Knocks Badenoch for Nigeria Comment Before people start to shout “we told you so”. Let me state clearly that my faith, belief and commitment to Nigeria is total. It is not anchored on a denial of nor shaken by its inherent dysfunction and its internal contradiction. My faith and commitment to my country which I dearly love and in which I am grateful that the universe has placed me, is regardless of its dysfunction and internal contradiction. My faith in my country is anchored on the knowledge that nation-building is like making sausage. It is a messy, ugly, unending process. Every nation has its fair share of shit, the difference between failed and successful nation states is not measured by their inherent perfection but by the commitment of their citizens to the patriotic task of constant improvement and adding more layers of growth from lessons learned from past mistakes and failures in the gradual, unending and never-completed task of building the elusive perfect union. That is the task we as citizens must take on if we are going to build a virile, strong nation we all can be proud of. No one else in this world would do it for us. And no matter how many passports we earn by way of naturalization, there is no escaping our Nigerianess. People will always ask you the “I mean where are you really from” no mater how much you try to code-switch. Adewale Alonge, PhD, is Founder & President, Africa Diaspora Partnership for Empowerment and Development. www.adped.org

Defamation Saga: Legal Practitioners Disciplinary Committee asked to Debar Dele Farotimi

In an extreme measure to exterminate the enemy with no trace that it ever existed, Chief Afe Babalola has submitted a petition to the Legal Practitioners Disciplinary Committee seeking the removal of Dele Farotimi from the roll of Nigerian legal practitioners. This is in addition to the deluge of suits filed against Barr Dele Farotimi by associates of Chief Afe Babalola in support of the substantive case of criminal defamation filed by the senior lawyer and elder stateman. For instance, associates of Chief Babalola already obtained injunctions from the Federal Capital Territory High Court in Abuja and Oyo State High Court barring Farotimi from further publishing, selling, circulating, advertising, or distributing the hard or soft copies of his book. In the 90-page petition, Chief Babalola alleged that Farotimi violated various provisions of the rules of professional conduct by lawyers. Dated December 6, 2024, the title of the petition is: “Petition against Tomilola Titus Farotimi (also known as Dele Farotimi esq), a Nigerian lawyer called to the Nigerian bar with his name on the roll of legal practitioners kept by the Supreme Court for violation of the extant Rules of Professional Conduct for Legal Practitioners Rules 1, 15(1), 15(2b), 15(3a), 15(3g), 15(3i), 15(3j), 26(1), 27(1), 30, 31(1), (2) and (4) of the Rules of Professional Conduct 2023 by bringing the entire judiciary in Nigeria into disrepute with his unfounded allegations of corruption against eminent justices of the supreme court of Nigeria, judges of high court of Lagos state, Aare Afe Babalola san, Olu Deramola, SAN, Ola Faro esq, and the entire chambers of Afe Babalola & co in his book titled ‘Nigeria and its criminal justice system.” The petition contains a litany of accusations against Farotimi and was signed by Ola Faro, a partner at the firm, and who was also referenced in the book titled, “Nigeria and its Criminal Justice System.” Some of the accusations against Mr. Farotimi, as detailed in the petition include the following: “He joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer. He gave service to his client which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer. He knowingly made a false statement of law and facts with respect to a case already decided by the Supreme Court. “He assisted his clients in a conduct that he knows to be illegal and fraudulent. Knowingly engaged in illegal conduct in the cause of his practice as a legal practitioner. Treated his fellow lawyers without respect, fairness, consideration and dignity, allowing ill feelings between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner. “Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court. Conducted himself in a manner that obstructed, delayed and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and the benefit of his client who lost at the Supreme Court. “Treated the court, particularly the Supreme Court without respect, dignity and honour by using uncouth, unprofessional, undignified and offensive language against the Supreme Court and the justices of the Supreme Court. Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities. Mr. Faro also alleged in the petition that Mr. Farotimi “Indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer. The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession, the dignity of the court as the temple of justice and to uphold the standards of the legal profession.” These actions follow the publication of the book titled, Nigeria and Its Criminal Justice System, which Chief Afe Babalola alleged contained sections that defamed him, following which he sued Farotimi. Subsequently, Farotimi was arrested and arraigned before the Federal High Court in Ekiti State as well as an Ekiti State Magistrates’ Court, Ado-Ekiti.

Farotimi brought to court in handcuffs, granted bail

To the consternation of lawyers and others of the human rights community, Dele Farotimi was brought to court today in handcuffs as the Ekiti State High Court granted bail at the sum of ₦50 million.  The conditions for bail include a surety with the same sum and ownership of a landed property.  The Ekiti State High Court has approved bail for human rights lawyer Dele Farotimi, setting the amount at ₦50 million.  The conditions for bail include a surety with the same sum and ownership of a landed property.   Reacting to Farotimi’s court appearance, activist lawyer, Deji Adeyanju posted on X, “Shame on everyone involved in this embarrassment to the legal profession. “A lawyer in handcuffs over defamation, not armed robbery, kidnapping or any crime. “No wonder they abducted Dele Farotimi and took him to where Baba Afe Babalola is king, Ekiti.” The case, linked to a defamation suit brought by Chief Afe Babalola, claims Farotimi’s book, Nigeria and Its Criminal Justice System, damaged his reputation.   Another human rights lawyer, Inibehe Effiong wonders why Farotimi had to be brought to court in handcuffs when he is neither violent nor resisted being taken to court. “Dele Farotimi is a political prisoner and will come out stronger,” he concluded. Farotimi’s arrest by the Ekiti Police sparked reactions from civil right groups and the Nigerian Bar Association.  Many criticized the move, describing it as a threat to freedom of expression and justice. The case will continue on January 29, 2025. Babalola, a Senior Advocate of Nigeria, claims Farotimi’s book, Nigeria and Its Criminal Justice System, damaged his reputation.

Dele Farotimi Imprisoned till Dec 10

In an apparent determination to, as they say, teach him a lesson, the @NgPolice and his accusers have facilitated the incarceration’s of human rights lawyer, Dele Farotimi. The Lagos based lawyer was accused of slandering legal icon and university proprietor, Afe Babalola, SAN, and banker, Tony Elumelu. The alleged libelous articles were said to be contained in his book titled Nigeria and Its Criminal Justice System that was recently published by Mr. Farotimi. Even though the book was published in Lagos, where Mr. Farotimi also domiciles, he was forcefully taken out of his home in Lagos and driven for about seven hours to Ado Ekiti, the capital of Ekiti State where one of his petitioners, Chief Afe Babalola resides. Upon arrival, Mr. Farotimi was arraigned at the court of Magistrate Mr. Samson Adeosun where he was slammed a sixteen-count charge of defaming and maligning Chief Bbabalola. Mr. Farotimi pleaded not guilty to all the charges. He was denied bail and ordered to be detained in prison custody till the next adjourned date of December 10, 2024. READ ALSO: EFCC TO ARRAIGN YAHAYA BELLO TODAY