Last Tuesday, lawyer and activist, Dele Farotimi, was arrested and driven by road to Ekiti State where he was arraigned on Wednesday in a Magistrate Court for criminal defamation of Afe Babalola, senior lawyer, elder statesman and educationist. The defamation was allegedly contained in Mr Farotimi’s July 2024 book, Nigeria and its Criminal Justice System. He faces a 16-count charge at a Magistrate Court, and another 12-count charge filed on Friday at the Federal High Court, Ado-Ekiti. The charge sheets have been published by many newspapers. The book has also reportedly climbed the number one bestseller list on Amazon on the elections category, and exceeded 500 on the general list. His arrest and arraignment were at the instance of a petition by Chief Babalola.
It is not unusual for anyone to defame another person, or be charged in court, or remanded by a magistrate, for no one is above the law. But by turning the arrest and remand of Mr Farotimi into a cause celebre, a storm in a teacup as it were, activists and lawyers, including surprisingly the Nigerian Bar Association (NBA), are suggesting that it is okay to abridge court processes by activism and that individuals do not have the right to seek remedy for their injured reputation. Instead of ensuring that justice is done, human rights activists are calling for the release of the defendant and planning protests for sometime this week to force the hands of the police and the courts.Related News
If the case is to be discontinued, either for jurisdictional reasons or any other reason for that matter, it will have to be through court processes, not activism. The listing of the book on Amazon and its global dissemination will serve as grist to the mill, whether the case is civil defamation or criminal defamation. Some activists complain about the style of Mr Farotimi’s arrest. But the law enforcement agencies probably approached the matter from criminal defamation as well as Cybercrimes perspective. According to Chief Babalola’s petition, the book contains multiple instances of Mr Farotimi’s defamatory generalisations, including how the complainant allegedly corrupted the Supreme Court and procured judgements. They are the kind of views that make for explosive and enjoyable reading, but they are views, if unproven, that wound victims deeply and tear their reputations to pieces. Regardless of the outcome of the case, it seems guaranteed that the storm will last for a very long time. Mr Farotimi may bank on the unassailability of being the underdog in this case, but opinions are divided on the propriety of what he had to say and how he said those things Chief Babalola considered injurious to his reputation. Worse, many lawyers, when they can restrain themselves from throwing caviar to the general, are left puzzled about what kind of legal training propels an author and lawyer to pen such scathing remarks about anyone.
Many human rights organisations have rallied to the side of Mr Farotimi. But they have not shown cause why the case should not be entertained, or why Chief Babalola should not defend his reputation the best way he knows, while he is still alive at 95 years old. It is suggested that defamation cases are like quicksand, where unexpected and probably tangential stories and facts might be unearthed and pleaded to the detriment of the complainant. Regardless of these fears, and judging from the trenchancy of the remarks penned by Mr Farotimi, the complainant will undoubtedly take his chances in court. Not going to court is not an option, considering the weighty claims levelled against him. And beyond standing with Chief Babalola or supporting Mr Farotimi, it may be time for Nigerians to stand for the rule of law, despite the judicial system’s weaknesses, rather than tolerate the anarchic proclivity of activists who protest against everything because they suspect everything and denigrate everyone.
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