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Dele Farotimi Nigerian Human Rights Lawyer
Key Takeaways:
- Defamation Allegations Lead to High-Profile Arrest: Human rights lawyer Dele Farotimi has been remanded by an Ekiti Magistrates’ Court over allegations of defaming Senior Advocate of Nigeria Afe Babalola in his book, sparking debates on freedom of speech and judicial integrity.
- Influence and Power Dynamics Highlighted: Afe Babalola’s significant influence in Ekiti State and his contrasting public image as a philanthropist have raised concerns about fairness in the trial, with critics questioning the use of police force for civil matters.
- Broader Implications for Freedom of Expression: The case underscores ongoing tensions in Nigeria regarding defamation laws and their potential misuse to suppress dissent, spotlighting the balance between protecting reputations and safeguarding free speech.
Dele Farotimi Nigerian Human Rights Lawyer
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Ekiti Court Orders Remand of Dele Farotimi Over Alleged Defamation of Afe Babalola
An Ado-Ekiti Magistrate’s Court has remanded renowned human rights lawyer Dele Farotimi in custody over allegations of defamation involving legal luminary Afe Babalola, SAN. The court proceedings stemmed from claims in Farotimi’s book, Nigeria and Its Criminal Justice System, which alleged that Babalola compromised the Supreme Court.
The incident has sparked widespread public interest, particularly because of Farotimi’s outspoken stance on judicial reform in Nigeria. His arrest and subsequent remand bring to light concerns about freedom of speech and the balance of justice in defamation cases.
Case Background: Farotimi vs. Babalola
The legal dispute began when Farotimi published allegations in his book, claiming that Afe Babalola had manipulated judicial outcomes, an accusation the latter vehemently denies. The Ekiti State Police arrested Farotimi at his Lagos office on Monday, transporting him on a five-hour road trip to Ado-Ekiti, where he was arraigned on Wednesday.
The police filed a 16-count charge against Farotimi, including defamation, cyberstalking, and other related offenses. He pleaded not guilty to all charges.
Police prosecutor Samson Osubu requested that the defendant be remanded in custody, citing the need for further investigation and national security concerns. However, Farotimi’s counsel, Dayo Akeredolu, opposed the motion, urging the court to grant bail on self-recognizance, emphasizing that the defendant is presumed innocent until proven guilty.
“This is a bailable offense,” Akeredolu argued. “Mr. Farotimi is a public figure and poses no flight risk.”
Despite the plea, Chief Magistrate Abayomi Adeosun ruled for Farotimi’s remand at the Ado-Ekiti Correctional Centre, adjourning the case to December 10, 2024.
Allegations and Controversy Surrounding the Arrest
Farotimi accused prominent Nigerians, including Babalola and UBA CEO Tony Elumelu, of orchestrating his arrest. He claimed they had deployed police to monitor his movements and intimidate him. In a viral post, Farotimi detailed an alleged attempt to lure him into a trap by targeting his church pastor, a plan that failed.
“The police showed them a petition written by Chief Afe Babalola and demanded that they lure me to church for arrest,” Farotimi wrote on X.
Adding to the controversy, activist Omoyele Sowore revealed that police officers confiscated mobile devices from witnesses during the arrest to suppress evidence of the operation.
Spotlight on Afe Babalola’s Public Image
Afe Babalola, founder of Afe Babalola University and a respected philanthropist, has cultivated a reputation for advancing human rights and education. His £10 million donation to King’s College London to support African human rights causes contrasts starkly with the ongoing legal drama. Critics argue that Babalola’s approach to handling the defamation case undermines his public image as a champion of justice.
Observers have raised concerns about potential bias in the trial, given Babalola’s significant influence in Ekiti State, where he is celebrated with an official “Afe Babalola Day.”
Implications for Freedom of Expression
The case has ignited debates on the limits of free speech and the use of defamation laws to silence dissent. Farotimi’s supporters argue that defamation should be addressed through civil litigation, not arrests and detention, especially when it involves allegations against powerful individuals.
NBA Condemns Dele Farotimi’s Arrest, Demands Probe into Lagos Law Firm Raid
The Nigerian Bar Association (NBA) has strongly condemned the arrest of human rights lawyer and activist Dele Farotimi on allegations of criminal libel. The association also decried the reported invasion of his Lagos-based law firm, citing it as a violation of the rule of law and an attack on the legal profession’s sanctity.
In a statement issued by its President, Mazi Afam Osigwe, SAN, the NBA emphasized that while law enforcement agencies have the authority to investigate crimes, such actions must align with Nigerian law. The association noted that the alleged crime of libel is not a criminal offense under Lagos State law.
Libel Decriminalized Under Lagos Law
Referring to the Criminal Law of Lagos State 2011, the NBA highlighted that the criminalization of defamation was repealed over a decade ago. This shift aligns with global standards, which classify libel as a civil matter rather than a criminal offense.
The Supreme Court reinforced this position in its 2021 decision in Aviomoh v. Commissioner of Police & Anor, where Justice Helen Ogunwumiju, JSC, clarified that defamation ceased to be a criminal offense in Lagos following the enactment of the 2011 law.
Osigwe remarked, “This authoritative pronouncement leaves no room for doubt. Arresting individuals for non-criminal matters violates the principles of legality and the rule of law.”
NBA Criticizes Law Firm Raid
The NBA also expressed outrage over reports of an invasion of Farotimi’s law firm, during which lawyers and staff were allegedly harassed and their phones confiscated. The association described this act as a direct assault on the legal profession’s independence, which is crucial for upholding justice and democracy.
“These actions constitute a gross violation of constitutional rights to dignity and privacy,” Osigwe added.
Calls for Immediate Action
The NBA demanded the immediate release of Dele Farotimi, stating that his detention lacks any legal basis under Lagos State laws. Additionally, the association called for an investigation into the invasion of his law firm. The NBA insisted that the findings must be made public and that those responsible be held accountable.
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, also described Farotimi’s arrest as illegal. In a statement, Falana reiterated that Lagos is among the two Nigerian states that have entirely decriminalized defamation.
Legal Framework Supports NBA’s Position
Falana pointed to the Supreme Court ruling in Aviomoh v. Commissioner of Police & Anor, emphasizing that the law is clear on decriminalizing defamation in Lagos State. “The current state of the law leaves no ambiguity. Farotimi’s arrest is baseless and unlawful,” Falana stated.
What’s Next?
As the legal battle unfolds, all eyes are on the December 10 court hearing. Farotimi’s defense team plans to file a formal bail application, while the public watches closely for signals about the Nigerian judiciary’s commitment to fairness and impartiality.
This case serves as a litmus test for balancing the protection of individual reputations against the right to critique and expose alleged misconduct, particularly in a democracy striving for transparency and accountability.
