Farotimi must prove allegations to avoid consequences, says Afe Babalola’s legal team

Kunle Sanni

Legal representatives of Afe Babalola, SAN, founder of Afe Babalola University, Ado Ekiti, have stated that embattled human rights lawyer Dele Farotimi must provide evidence to substantiate his allegations against the respected elder statesman.

At a press conference held in Ado Ekiti on Friday, Babalola’s lawyers—Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all former chairmen of the Nigerian Bar Association (Ado Ekiti branch)—addressed the ongoing legal battle stemming from claims made in Farotimi’s book, Nigeria and its Criminal Justice System.

Allegations and Legal Action
Farotimi’s book reportedly contains statements deemed defamatory by Babalola, prompting the senior advocate to petition the police for an investigation.

The lawyers emphasized that the subsequent arraignment of Farotimi was necessary for due process to take its course.

“The allegations in the book are damaging and baseless,” said Owoseni Ajayi, a former Ekiti State Attorney General and Commissioner for Justice. “The matter has been taken to court because it is essential for the truth to be established through legal channels.”

Following Babalola’s petition, Farotimi was arrested in Lagos on Tuesday by Ekiti State police and arraigned before an Ekiti State Magistrates’ Court on Wednesday. The charges relate to alleged defamation of the elder statesman.

During the hearing, police prosecutors requested that Farotimi be remanded in a correctional facility. While his defense team pleaded for bail, Chief Magistrate Abayomi Adeosun ordered Farotimi’s remand and adjourned the case to December 10, 2024.

Alleged Defense of Reputation

Babalola’s legal team expressed concerns over what they described as an attempt to tarnish the senior advocate’s reputation, which they said was built over decades of hard work and dedication.

“This press conference is to clarify the misleading narratives surrounding the case,” Ajayi said.

“Farotimi has made accusations that must be proven in court. This is not about silencing dissent but about protecting an impeccable legacy.”

The court proceedings are expected to continue on December 10, with the focus on whether Farotimi can substantiate his claims or face legal consequences for defamation.

Meanwhile, Babalola’s lawyers maintain their confidence in the judicial process to deliver a fair outcome.

He said, “All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side.

“Aare Afe Babalola, in his petition, urged the police to use your good office to invite Mr Dele Farotimi to show proof of the truthfulness of his publication, failing of which he should be prosecuted for criminal defamation in accordance with the requirement of the extant laws of Nigeria.

“Confiscate all defamatory publications until the investigations are completed” and as well “stop Mr Dele Farotimi by himself and/or his agents from further publishing any defamatory contents to attack my hard-earned reputation, the reputation of my law firm and that of my lawyers and of the Nigerian judiciary”.

Ajayi queried, “Is it wrong for Aare Afe Babalola to seek justice for these false utterances against him? Should justice only be available to Mr Dele Farotimi because Aare Afe Babalola is a global icon?

“Once Mr Dele Farotimi can show proof that his assertions in the book are true, then he will be free. The law allows free speech, but not one that is calculated to injure the good reputation of another”.

He said that the police had done the right thing and needed to be commended for the manner in which the arrest was made and arraignment within 24 hours, adding, “The mode of arraignment was in order.

“Also, the book being distributed and accessed in Ekiti, so long as defamation is a crime in Ekiti, this has established criminal liability within Ekiti, placing it under the investigatory jurisdiction of the police and the jurisdiction of the Ekiti State High court, given the cross-state nature of the alleged crime.

“For the uninformed saying the court denied him bail, there was nothing like that. There is nothing special in the case of Dele Farotimi in that the court cannot ask his lawyers to make their bail application formal.

“The statements made by Farotimi in the book suggest a deliberate attempt by Farotimi to malign the reputation of Aare Afe Babalola and the esteemed law firm of Afe Babalola and Co.

“The accusations made are baseless, offensive and not only lacking in truth but also designed to cause irreparable harm to the standing and legacy of one of Nigeria’s foremost legal minds. Those defamatory remarks made in the book cannot be remedied by the award of damages”.

Ajayi stated that Farotimi’s assertions in the book violate Section 59 of the Criminal Code Act, which addresses the publication of false news intended to cause fear and alarm in the public.

“Subsection (1) states that ‘any person who publishes or reproduces any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that statement, rumour or report to be false, shall be guilty of a misdemeanour and liable, on conviction, to imprisonment for three years’.

“Those pushing Farotimi are not his friends. By the time they lead him to the dungeon, he would realize they were deceiving him. Let me advise his family members to apologise to Aare. Aare Babalola is a builder, not interested in destroying Farotimi”.