Dele Farotimi will be Free if Proof of Allegations is Shown – Afe Babalola’s Lawyer

The legal solicitor to the founder of Afe Babalola University, Ado Ekiti, Afe Babalola, SAN, has said that human rights lawyer, Dele Farotimi, will regain freedom if he proves his allegations against the elder statesman.

The senior advocate, represented by his lawyers, Owoseni Ajayi, Olakanmi Falade and Lawrence Fasanmi, stated this on Friday at a press conference in the Ekiti State capital.

According to Babalola’s lawyers, he petitioned the police to investigate the defamatory allegations made by Farotimi in the book titled, ‘Nigeria and its Criminal Justice System,’ adding that charging the activist to court by the law enforcement agency was for the law to take its due cause on the matter.

The lawyers also said that Farotimi’s aimis to ruin Safe Babalola’s reputation.

Recall that the police in Ekiti State had, following a petition written by Babalola, arrested Farotimi in Lagos on Tuesday and arraigned him before an Ekiti State Magistrates Court in Ado Ekiti on Wednesday over allegations bordering on defamation.

While the police prayed the court to remand the defendant (Farotimi) to a correctional facility, Farotimi’s lawyer pleaded for bail for his client, but the Chief Magistrate, Abayomi Adeosun, ordered him remanded as he adjourned the matter till December 10, 2024.

Babalola’s lead lawyer and a former Commissioner for Justice and Attorney General in Ekiti State, Owoseni Ajayi, said that the press conference was to correct the various misleading publications about the ongoing matter between the Nigerian Police and Farotimi over the issue of defaming Babalola.

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”.

“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 continued, “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”.

Meanwhile, the police in Ekiti state have announced the ban on illegal gatherings and protests.

The ban followed a leaflet circulated over Farotimi’s remand, calling for a nationwide/global campaign against the Nigerian Judiciary in Lagos, Abuja, Ado Ekiti and London on December 10.

In response, the police, in a statement by the Police Public Relations Officer, Ekiti State Command, Sunday Abutu, issued on Thursday night, urged residents not to get involved in any form of unlawful gatherings, protests.

Abutu stated, “In view of this, the Command, in order to sustain the peaceful atmosphere and ensure the safety of lives and property of all and sundry, states that any form of unlawful gathering, demonstration or protest is unacceptable.

“An intelligence report has it that some unscrupulous individuals have planned to hide under this protest to hijack it, unleash mayhem, and create apprehension in the state,” the statement read partly.