Defamation: Court Remands Activist Lawyer, Dele Farotimi In Prison, Adjourns Suit Till December 10
A Chief magistrate Court sitting in Ado-Ekiti, the Ekiti state capital has remanded a human rights lawyer and activist, Dele Farotimi in the correctional service in the state over allegations of defamation leveled against him.
The defendant was arrested in his chamber in Lagos on Tuesday by operatives of the Ekiti state police command over defamation allegations against him by the revered legal icon and founder of Afe Babalola University Ado-Ekiti (ABUAD) Aare Afe Babalola,SAN.
In a suit marked Mad/1476c/2024, some of the 16-count charge reads, “ That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System” which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you stated at page IX of the book: “That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients” which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the Statements is false and thereby committed an offence contrary to and punishable under Section 59(1) of Criminal Code Act.
“ That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System” which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you stated at page X: “That Aare Afe Babalola, Olu Daramola, Olu Faro and the law offices of Afe Babalola && Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got that Court to swim in the sewer of corruption and shameful self- abnegation” which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the Statements is false and thereby committed an offence contrary to and punishable under section 59(1) of Criminal Code Act.
“ That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you alleged at page IX of the said book: “That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients” which you knew was false allegation and likely to injure the reputation of the said Aare Afe Babalola, SAN, OFR, CON, FCIArb, LL.D by exposing him to hatred, contempt, ridicule and damage him in his profession and thereby committed an offence contrary to Section 373 of the Criminal Code Act and punishable under Section 375 of Criminal Code Act.
“ That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you alleged in page X, That Aare Afe Babalola, Olu Daramola, Olu Faro and the law offices of Afe Babalola & Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got that Court to swim in the sewer of corruption and shameful self- Abnegation which statement you knew were false and likely to injure the reputation of the said Aare Afe Babalola, SAN, OFR, CON, FCIArb, LL.D.; Olu Daramola, SAN, FCIArb; Mr Ola Faro and the law firm of Afe Babalola & Co. by exposing them to hatred, contempt, ridicule and damage them in their profession and thereby committed an offence contrary to Section 373 of the Criminal Code Act and punishable under Section 375 of Criminal Code Act.
“ That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you criminally defamed the person of Aare Afe Babalola, SAN, OFR, CON, FCIArb in page IX, of the said book where you stated: “That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgement in the service of his clients” which statement you knew were false allegations and likely to injure the reputation of the said Aare Afe Babalola, SAN, OFR, CON, FCIArb, LL.D by exposing him to hatred, contempt, ridicule and damage him in his profession and thereby committed an offence contrary to Section 373 of the Criminal Code Act and punishable under Section 375 of Criminal Code Act.”
Farotimi pleaded not guilty to the 16-count charge preferred against him.
During his arraignment on Wednesday, the police prosecutor, Samson Osubu said the defendant in his 104-page book titled, ‘ Nigeria and Its Criminal Justice System’ recently published maligned the character of Babalola.
He accused Farotimi of defaming the legal icon on pages 9 and 10 of the book by alleging that Babalola compromised justices of the supreme court of Nigeria to secure favourable judgement for his clients.
Osubu told the court that the defendants should be remanded in prison custody in the interest of national security and pending conclusion of investigations on the case.
Speaking, counsel to the defendant, Temidayo Akeredolu countered the prosecuting lawyer on the defendants being a threat to national security, insisting that the alleged offence of defamation was a bailable offence under the law.
Akeredolu noted that section 35 of the 1999 constitution as amended supported his bail on the suit, urging the court to grant his client bail on “ liberal terms and most particularly on self-recognizance.”
Delivering his ruling on his bail, the chief magistrate, Abayomi Adeosun said the prosecuting counsel did not place before the court enough materials to support his claim that the defendant constituted a threat to national security if given bail.
Adeosun urged the defense counsel to file a formal bail application for the prosecuting team to respond to it.
He ordered that the defendant be remanded in the correctional centre and adjourned till December 10, 2024 to hear the bail application.
