Shadow Govt: DSS drags Prof. Pat Utomi to court
The Department of State Services (DSS) has sued renowned academic and politician, Prof. Pat Utomi over his plan to establish “a shadow government” in the country. The DSS, in a suit filed at the Federal High Court in Abuja, prayed the court to declare the move as an attack on the constitution. The News Agency of Nigeria (NAN) reports that in the fresh suit marked FHC/ABJ/CS/937/2025, Utomi, the 2007 Presidential Candidate of the African Democratic Congress (ADC), is sued as sole defendant. The security outfit, in the suit filed on May 13 by Akinlolu Kehinde, SAN, contended that the move by Utomi was intended to create chaos and destabilise the country. The DSS argued that not only was the planned shadow government an aberration, it constituted a grave attack on the constitution and a threat to the democratically elected government that is currently in place. It expressed concern that such a structure, styled as a “shadow government,” if left unchecked, may incite political unrest, cause inter-group tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which would pose a grave threat to national security. The plaintiff, therefore, urged the court to declare the purported “shadow government” or “shadow cabinet” being planned by Utomi and his associates as “unconstitutional and amounts to an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).” It is also sought a declaration that “under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void.” The plaintiff prayed the court to issue an order of perpetual injunction, restraining Utomi, his agents and associates “from further taking any steps towards the establishment or operation of a ‘shadow government,’ ‘shadow cabinet’ or any similar entity not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).” The plaintiff, in its grounds of argument, hinged its prayers on the fact that Section 1(1) of the Constitution declares its supremacy and binding force on all persons and authorities in Nigeria. It added that Section 1(2) prohibits the governance of Nigeria or any part thereof except in accordance with the provisions of the constitution. According to the DSS, Section 14(2Xa) states that sovereignty belongs to the people of Nigeria, from whom government through the constitution derives all its powers and authority. It contended that Utomi’s proposed shadow government lacked constitutional recognition and authority, thereby contravening the aforementioned provisions. The plaintiff further stated in a supporting affidavit that it is the principal domestic intelligence and security agency of the Federal Republic of Nigeria statutorily mandated to detect and prevent threats to the internal security of Nigeria, including subversive activities capable of undermining national unity, peace and constitutional order. The DSS added that it is statutorily empowered to safeguard the internal security of Nigeria and prevent any threats to the lawful authority of the Federal Republic of Nigeria and Its constituent institutions. It stated that it has monitored, “through intelligence reports and open source material, public statements and interviews granted by the defendant, Professor Patrick Utomi, in which he announced the purported establishment of what he themed a ‘shadow government’ or ‘shadow cabinet, ’comprising of several persons that make up its ‘Minister.’ “The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognised body claiming to operate as an alternative government. contrary to the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). “The defendant (Utomi), through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria. “While inaugurating the ‘shadow cabinet’, the defendant stated that it is made up of the Ombudsman and Good Governance portfolio to be led by Dele Farotimi; the Policy Delivery Unit Team consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo and Obi Ajuga: and the council of economic advisers. “Based on the intelligence gathered by the plaintiff, the activities and statements made by the defendant and his associates are capable of misleading segments of the Nigerian public, weakening confidence in the legitimacy of the elected government, and fueling public disaffection,” it said. The DSS said in the discharge of Its statutory duties, it had gathered intelligence confirming that the defendant’s actions pose a clear and present danger to Nigeria’s constitutional democracy. “The defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to Sections 1(1), 1{2), and 14(2Xa) of the 1999 Constitution (As Amended), which exclusively vests governance in institutions duly created under the constitution and through democratic elections. “The Federal Government of Nigeria has made several efforts to engage the defendant to dissuade him from this unconstitutional path, including statements made by the Minister of Information, but the defendant has remained defiant.” The agency said it would be In the interest of justice, national security and the rule of law for the court to declare the existence and operations of the defendant unconstitutional and illegal. The suit is yet to be assigned to any judge for hearing.
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.
Dele Farotimi Freed on Bail
Human rights lawyer Dele Farotimi has been freed from custody in Ado-Ekiti, Ekiti State, where he was held for three weeks following his arrest on defamation charges. Farotimi’s detention stemmed from a petition by Senior Advocate of Nigeria Aare Afe Babalola regarding claims in Farotimi’s book on Nigeria’s criminal justice system. After a legal battle, the activist met the bail conditions set by the Chief Magistrate’s Court on December 20. These included a N30 million payment, two sureties, and restrictions on public commentary. His release was announced by Omoyele Sowore, who confirmed Farotimi’s return to Lagos. ALSO READ: I’ve Never Lied Against Anyone Says Dele Farotimi After Regaining Freedom Writing under his confirmed X account @YeleSowore stated, “I am pleased to report that @DeleFarotimi Farotimi is no longer being held at the prison yards in Ekiti state and is now returning home to Lagos. The struggle continues! Happy holidays to you all!” Farotimi, a vocal supporter of Labour Party’s Peter Obi and a critic of the current administration, is also facing separate trials in Abuja and Ibadan on similar allegations. An Ekiti Magistrate Court had granted him bail some days back but under certain conditions that delayed his immediate release. Dele Farotimi ran into trouble with a powerful colleague and senior citizen, Afe Babalola after the latter accused Mr. Farotimi of criminal defamation in a book titled, Nigeria and it Criminal Justice System. Subsequently, Mr. Babalola arranged with @NGPolice in Ekiti state to get Farotimi arrested in a Gestapo-like manner at his Lagos office by a group of policemen attached to the Ekiti State Police Command on December 3 and transported to Ado Ekiti. Upon arrival and subsequent detention and arraignment at an Ekiti Magistrate Court, Mr. Farotimi’s ordeal began to unravel very rapidly. Dele Farotimi was released this morning after meeting bail conditions.
Dele Farotimi Versus Baba Aare Afe Babalola: A Case of an Unfair Apportioning of The Institutional Wage of Sin
“I have never been a fan of Dele Farotimi and his tactics of seeking to take on the mantle of Gani Fawehinmi as the fighter for social justice and the little man without putting in the work. Unlike the late icon Gani Fawehinmi who put in the work, paid the huge price personally and professionally with deep scars to show for his effort, Dele Farotimi has sought to use social media notoriety, crude and unguarded defaming, scandalizing of other people’s reputation as the launchpad for his undeserved and unmerited social activist status.“ The titanic legal confrontation between Dele Farotimi and highly respected Chief Are Afe Babalola has totally taken up the oxygen in the Nigerian social media, judicial and political space. It has dominated the news and taken on a life of its own with partisan combatants on both sides. It has pitted the preeminent Doyen of the Nigerian legal aristocracy against a legal upstart who is a master of social media fueled social activism and pseudo-defender of the poor and oppressed. I am not pretending to be a neutral objective analyst in the conflict. I have never been a fan of Dele Farotimi and his tactics of seeking to take on the mantle of Gani Fawehinmi as the fighter for social justice and the little man without putting in the work. Unlike the late icon Gani Fawehinmi who put in the work, paid the huge price personally and professionally with deep scars to show for his effort, Dele Farotimi has sought to use social media notoriety, crude and unguarded defaming, scandalizing of other people’s reputation as the launchpad for his undeserved and unmerited social activist status. I find that morally and professionally reprehensible. He is not the only one in this new cottage industry of reputation washing. I find the entire short cut celebritization of virtue as an obscenity. Baba Are Afe Babalola is undoubtedly at the very pinnacle of the Nigerian legal industry, a reputation he has built diligently and meticulously over six decades. Yes, there are rumors out there in the public domain about how he might have parlay his contact with the Nigerian political class to build his legal empire. If leveraging political capital is a crime, the Nigeria jail-house and in fact jailhouses around the globe will the filled to overcapacity. In order for anyone to criminalize alleged political influence like Dele Farotimi did in his book, on public TV and social media, they had better have irrefutable evidence. That judgement will hopefully be rendered in the Nigerian court of law. It would appear that Dele Farotimi recklessly and maliciously defamed Baba Afe Babalola’s name to advance his unearned and underserved social activist street cred. Dele Farotimi has a long record of recklessly throwing bombs at other people’s reputation wrecking them to build up his own. Even more impressive and legacy affirming than Chief Afe Babalola’s out of this world remarkable legal career, are what he has done at the later stage of his life with his resources, when most of his contemporaries have either kicked the bucket or are too infirm to do much. While the Nigerian money class would rather invest their resources in plush real estates in the Riveira amd Monte Carlo and in shell companies in Panama, Baba Afe Babalola has instead chosen late in his life when he could be resting in the luxury of retirement, to invest a huge chunk of his resources in legacy humanitarian projects like the Afe Babalola University with its world class physical and academic infrastructure among other community development ventures and donations to international institutions. That, in my view, is a life worthy of celebration and emulation. It is not how one begins life that matters, it is how one ends it. Baba Afe Babalola embodies that as he races to the finish line of a remarkable life. Baba has left a legacy that people will be talking about for centuries after we all have gone. His legal exploit will be a mere byline in that legacy. So Baba Afe Babalola would remain a historical figure whose humanitarian footprint will stand the test of time no matter the outcome of this last legal kungfu fight. He should be commended for his courage in taking on the fight when he could have walked away and let the howling dog have its day. ALSP READ: Kidnapping of ASUU Chairman’s wife: Lecturer Arrested The legal tussle between him and Dele Farotimi is however an entirely different story. On its legal merit, based on what is out there in the public domain it would appear that Chief Afe Babalola has a solid case against Dele Farotimi. It would appear that Dele Farotimi recklessly and maliciously defamed Baba Afe Babalola’s name to advance his unearned and underserved social activist street cred. Dele Farotimi has a long record of recklessly throwing bombs at other people’s reputation wrecking them to build up his own. Many including President Tinubu have been on the receiving end of his reckless scorched earth, bomb throwing reputation damage tactic. Perhaps his being held accountable this time will send a cautionary warning to him and his ilk. Nigerian Social media has for too long become a waste land for long earned reputation with many of its victims having no place to seek restitution. While this case will not put and end to the celebritization of social media activisms and notoriety monetization cottage industry, the Dele Farotimi versus Are Babalola case might send a cautionary note that there are limits. The unfortunate part of the whole saga for Baba Afe Babalola is that it has metastasized beyond its legal argument to the status of an attention-grabbing, controversy-spinning social media cause célèbre. On top of that, it has gotten enmeshed in the messy world of Nigerian class warfare. It has been mischievously turned into a David versus Goliath affair, and partisan politics. The partisan dimension is indeed the most curious part because neither Baba Afe Babalola nor Dele
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
NBA Condemns Abduction of Dele Farotimi by the Police
The Nigerian Bar Association (NBA) has expressed strong disapproval over the recent arrest of human rights lawyer, Dele Farotimi by the Nigerian Police on allegations of libel. In a statement issued on Tuesday evening, NBA President Afam Osigwe criticized the reported police actions, including the invasion of Farotimi’s law firm and the alleged harassment of his staff and colleagues. Osigwe pointed out that libel, the alleged offense in this case, is not classified as a criminal offense under Lagos State law. He noted that the 2011 Criminal Law of Lagos State decriminalized defamation, shifting it to a civil matter. This move aligns with global practices that treat defamation as a civil wrong. The NBA also expressed concern over the police’s conduct, highlighting that their authority must be exercised within legal limits, especially when investigating matters that do not constitute criminal offenses under Nigerian law. PLEASE READ: Lakurawa, Insecurity in the Sahel: Dissecting Nigeria’s Challenges Furthermore, the seizure of phones and harassment of employees at Farotimi’s law firm raised alarms about the protection of legal professionals’ rights and the sanctity of legal practice. The NBA has called for Farotimi’s immediate release, asserting that his arrest has no legal grounds in Lagos State, and demanded accountability for the actions at his law office. They urged law enforcement agencies to uphold the rule of law, human rights, and the principles of justice in their operations.
NBC Slams Arise TV Final Warning Over ‘Derogatory, Incendiary’ Remarks
The National Broadcasting Commission (NBC) has given the operators of Arise Television final warning on alleged violation of Nigeria Broadcasting Code. Director-General of NBC, Balarabe Shehu llelah, gave the warning in a letter to the Chief Executive Officer of Arise Global Limited on Saturday in Abuja. In the letter titled “Preponderance of Derogatory and Incendiary Remarks: Final Warning”, Ilelah said the commission had observed with concern, the preponderance of incendiary remarks allowed on Arise News. “This letter once again seeks to underscore the tremendous responsibility put on the broadcaster to manage array of guests that may feature on the station from time to time. “For the benefit of doubt, on October 5 during the programme – ‘The Morning Show’, anchored by Reuben Abati, Rufai Useni and Ayo Mairo Ese, featured Oladotun Hassan and Dele Farotimi as guests. “The programme contained unguarded incendiary remarks by Dele Farotimi against the legislature, executive, judiciary and Mr President. “Similarly, On October 6, during the programme “Newsday”, it featured Kenneth Okonkwo (Spokesperson for Labour Party) who used derogatory remarks on air. “Your attention is therefore drawn to the relevant sections of the Nigeria Broadcasting Code for compliance please,” Ilelah said. The NBC boss explained further that section 1.10.3 says the broadcaster shall ensure that its presenter does not express his or her opinion in the programme, as a matter of professional standard. He said section 3.3.1 (a) stipulates that the broadcaster shall ensure that any information given in a programme, in whatever form, is accurate. Illelah said 3.3.3 (c) provided that the broadcaster shall be above inherent biases, prejudices and subjective mindsets. “According to section 3.3.1(e), the Broadcaster shall not treat any individual or organisation in an unjust and unfair manner in any programme. The NBC boss further explained that section 5.3.3(b) of the code stated that the broadcaster shall, in using political materials for news and current affairs programmes, avoid hate speech, inflammatory, derogatory, and divisive remarks of allusions. “Section 5.5.6 says, the broadcaster shall have a delay mechanism to guard against possible undesirable content. “Arise TV is advised to install a delay mechanism to guard against possible undesirable contents as prescribed in Section 5.5.6 of the Nigeria Broadcasting Code. “Please note that henceforth, your station shall be held liable for any infraction on your platform and applicable sanctions shall be imposed as prescribed by Law,” Ilelah stressed.