The lawyers to the founder of Afe Babalola University, Ado Ekiti, Afe Babalola, SAN, have said that embattled human rights lawyer, Dele Farotimi, will be freed until he can prove his allegations against the elder statesman.
The senior advocate, represented by his lawyers, Owoseni Ajayi, Olakanmi Falade and Lawrence Fasanmi, who are former chairmen of the Nigerian Bar Association, Ado Ekiti Branch, spoke on Friday at a press conference in the Ekiti State capital city.
Babalola’s lawyers, who said that he petitioned the police to investigate the defamatory allegations made by Farotimi in the book titled, ‘Nigeria and its Criminal Justice System,’ said charging the activist to court by the law enforcement agency was for the law to take its due cause on the matter.
The lawyers added that the human rights lawyer was out to tarnish Babalola’s reputation, which he had built following many years of hard work and diligent toil.
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 defaming the elder statesman.
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.
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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.
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“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 said that the assertions by Farotimi in the book “runs foul of Section 59 of the Criminal Code Act, which talks about publication of false news with intent 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”.
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Meanwhile, the police in Ekiti state have announced the ban on illegal gatherings and protests.
Recall that a group, Take it Back Movement, had in leaflets circulated over Farotimi’s remand had called for a nationwide/global campaign against the Nigerian Judiciary in Lagos, Abuja, Ado Ekiti and London on December 10.
However, the police, in a statement by the Police Public Relations Officer, Ekiti State Command, Sunday Abutu, made available on Thursday night, assured residents of the state of adequate security during and after the Ember months period while seeking more support, collaboration and obedience to law and order.
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.
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“Parents and guardians are therefore implored to advise their wards to shun any act that is inimical to the peace and security of the state, as anyone who runs foul of this directive will be dealt with in accordance with the law.
“The Command has also placed a ban on the sales and use of fireworks, knockouts and firecrackers in the State, as these are capable of causing security threats, distractions, unnecessary apprehension and health-related issues. The use of the various fireworks at times creates panic and confusion as it could be difficult to differentiate their sounds from the real gunshot sound.
“The Command, therefore, enjoins all residents to be security conscious and to promptly report any untoward incident or observation that may be inimical to the peace and security of Ekiti State to the nearest Police Station or Call 08062335577,” the PPRO stated.