The legal team of Afe Babalola, SAN, founder of Afe Babalola University, Ado Ekiti, has confirmed that human rights lawyer Dele Farotimi will remain in custody until he can substantiate the allegations he made against the elder statesman.
Representing Babalola, his lawyers—Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all former chairmen of the Nigerian Bar Association, Ado Ekiti Branch—spoke at a press conference on Friday in Ado Ekiti.
The legal team clarified that Babalola had petitioned the police to investigate Farotimi’s defamatory claims in his book, Nigeria and its Criminal Justice System, and that the police’s action in charging Farotimi was necessary for due legal process. They emphasized that Farotimi’s actions were aimed at damaging Babalola’s reputation, which he had built through years of hard work.
Following Babalola’s petition, the police arrested Farotimi in Lagos on Tuesday and charged him before an Ekiti State Magistrates Court on Wednesday over the defamation claims. While the police requested that Farotimi be remanded in a correctional facility, his lawyer sought bail for him. However, Chief Magistrate Abayomi Adeosun ordered Farotimi’s remand, adjourning the case until December 10, 2024.
Ajayi, Babalola’s lead lawyer and former Attorney General of Ekiti State, explained that the press conference aimed to address the misleading reports surrounding the case. He urged the public to verify the facts before taking sides.
“Aare Afe Babalola,” he said, “has asked the police to ensure Farotimi provides proof of his publication’s truthfulness, or face prosecution for criminal defamation in line with Nigerian law.” He added that the police should also confiscate all defamatory materials and prevent further attacks on Babalola’s reputation.
Ajayi further questioned, “Is it wrong for Aare Afe Babalola to seek justice for these false claims against him? Should only Farotimi be entitled to justice because Babalola is a global figure?”
He clarified that free speech is protected by law, but it does not extend to defamation. Ajayi praised the police for their swift actions in arresting and arraigning Farotimi within 24 hours and explained that since the defamatory materials were accessible in Ekiti, the case fell within the jurisdiction of the police and Ekiti State High Court.
Contrary to reports, Ajayi stated that the court had not denied Farotimi bail but merely required his lawyers to formally submit a bail application. He reiterated that Farotimi’s statements in the book were offensive and false, and aimed to harm Babalola’s legacy and reputation. He emphasized that such defamatory statements could not be remedied by monetary compensation.
Ajayi also referred to Section 59 of the Criminal Code Act, which criminalizes the publication of false information intended to cause public alarm, and urged those supporting Farotimi to reconsider their stance. “By the time they lead him to the dungeon,” he warned, “he will realize they deceived him. I advise his family to apologize to Aare Babalola, who is a builder, not a destroyer.”
In a related development, the police in Ekiti State have banned unlawful gatherings and protests following the circulation of leaflets by the Take it Back Movement, which called for protests against the Nigerian Judiciary on December 10.
Ekiti State Police Public Relations Officer, Sunday Abutu, issued a statement warning that any form of illegal protest would be met with legal action. The police also advised residents to avoid actions that could disrupt the peace or safety of the state. Additionally, the sale and use of fireworks, knockouts, and firecrackers have been banned to prevent security threats. Abutu urged the public to remain vigilant and report any suspicious activities to the police.
