Elder statesman and respected legal figure, Afe Babalola (SAN), has expressed deep concern over remarks made against him in a book authored by human rights activist, Dele Farotimi, describing the claims as damaging beyond what any financial compensation could repair.
Speaking through his lead counsel, Mr Owoseni Ajayi, a former Commissioner for Justice in Ekiti State, Mr Babalola addressed the matter during a press briefing held at the Afe Babalola Bar Centre in Ado-Ekiti on Friday.
Ajayi clarified the ongoing issue between the Nigerian Police and Dele Farotimi concerning the publication titled “Nigeria and its Criminal Justice System”.
“Ordinarily, we would have kept quiet, since the matter is still in court. However, to prevent undiscerning members of the public from being misled by the obvious misrepresentations, it has become apposite for us to respond to same,” Ajayi said.
He cited a Yoruba proverb, “A gbo ejo enikan da, agba osika ni”—which translates to “anyone who judges a matter based on one side is wicked”—to underscore the importance of hearing all sides before forming opinions.
According to Babalola, the book’s claims have subjected him and his family to severe online criticism, tarnishing the reputation he has spent a lifetime building. Consequently, he petitioned the Ekiti State Commissioner of Police, demanding an investigation into the allegations.
The petition also requested that Farotimi provide evidence supporting his claims, failing which he should face prosecution for criminal defamation, in line with Nigerian law. Additionally, Babalola urged that all defamatory materials be confiscated pending the outcome of investigations.
Addressing the broader implications of free speech, Babalola remarked;
“Once Mr. Dele Farotimi can show proof that his assertions in the book are true, then he will be free. Until then, the law allows free speech, but not one that is calculated to injure the good reputation of another.
“All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side,” he said.
Babalola also countered the Nigerian Bar Association (NBA) President’s position on the matter, describing it as misleading, and emphasised that defamation remains both a civil and criminal offence under Nigerian law. He cited the case of Aviomoh v C.O.P. (2022) to back his argument.
“I would like to observe that the position of the NBA President on this matter is outrightly misleading. The case of Aviomoh v C.O.P. (2022) NWLR (pt. 1819) 69 is in fact an authority that defamation is both tort and a crime,” he said.
The elder statesman concluded by affirming his right to seek justice, stating that it is not a privilege reserved for some but a right available to all, regardless of status.
