Human rights lawyer Dele Farotimi would not be released until he can substantiate his accusations against Afe Babalola, SAN, according to the attorneys for the elder statesman.
At a press conference held in the capital city of Ekiti State on Friday, the senior advocate was accompanied by his attorneys, Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi. They were the previous chairs of the Nigerian Bar Association, Ado Ekiti Branch.
Babalola’s attorneys stated that he asked the police to look into the slanderous claims made by Farotimi in the book “Nigeria and its Criminal Justice System.” They also stated that the law enforcement agency’s decision to bring the activist to court was a matter for the law to consider.
The lawyers went on to say that the human rights lawyer was trying to damage Babalola’s reputation, which he had earned over many years of arduous effort.
After receiving a petition from Babalola, the Ekiti State police arrested Farotimi in Lagos on Tuesday and charged him with defamation before an Ekiti State Magistrates Court in Ado Ekiti on Wednesday.
Farotimi’s lawyer begged for release for his client, but Chief Magistrate Abayomi Adeosun ordered him remanded and postponed the case to December 10, 2024, while the police asked the court to confine the defendant (Farotimi) to a correctional facility.
Owoseni Ajayi, Babalola’s principal lawyer and a former Ekiti State Commissioner for Justice and Attorney General, stated that the purpose of the news conference was to rectify the numerous false reports on the current dispute between the Nigerian Police and Farotimi regarding Babalola’s defamation.
“Every fact can be verified. Before choosing a side, I implore Nigerians to confirm and learn the facts. In his petition, Aare Afe Babalola asked the police to use your good office to invite Mr Dele Farotimi to provide evidence of the veracity of his publication; if he is unable to do so, he would be charged with criminal defamation in line with Nigeria’s current legal requirements.
“Until the investigations are finished, confirm all defamatory publications. Additionally, avoid Mr Dele Farotimi and/or his agents from publishing any more defamatory content to attack my hard-earned reputation, the reputation of my law firm, my lawyers, and the Nigerian judiciary.
“Is it improper for Aare Afe Babalola to pursue justice for these false statements against him?” asked Ajayi. Given that Aare Afe Babalola is a worldwide icon, should Mr. Dele Farotimi be the only one to receive justice? Mr Dele Farotimi will be released as soon as he can provide evidence that the claims he made in the book are accurate.
“Free speech is permitted by law, but not when it is intended to harm someone else’s reputation.
“The mode of arrangement was in order. The police had done the right thing and should be applauded for the way the arrest was made and the arraignment within 24 hours. Additionally, since defamation is illegal in Ekiti, the book’s distribution and access there have created criminal liability, putting it under the police’s investigative and Ekiti State High Court’s jurisdiction due to the alleged crime’s cross-state nature.
“There was nothing like that for the ignorant who claimed the court had refused him bail. The court cannot order Dele Farotimi’s attorneys to formalise their bail application because there is nothing unique about his situation. According to the claims made by Farotimi in the book, he made a conscious effort to damage the standing of Aare Afe Babalola and the prestigious legal practice of Afe Babalola and Co.
“The charges are unfounded, derogatory, and not only untrue but they are also intended to permanently damage the reputation and legacy of one of Nigeria’s most eminent legal brains. Damages cannot be awarded to correct the defamatory statements expressed in the book.”
