How Farotimi found himself in a defamation suit
Renowned legal icon Afe Babalola has shed light on the alleged defamation against him in a book authored by lawyer-activist Dele Farotimi, titled Nigeria and Its Criminal Justice System.
Babalola petitioned the Ekiti State Police Command on November 9, 2024, accusing Farotimi of “criminal defamation of Aare Afe Babalola, Afe Babalola & Co, and her lawyers” through statements made in the book.
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Farotimi outlined ten claims in the foreword of his book, alleging corruption and malpractice involving Babalola, his law firm, and other legal professionals. Some key excerpts from the book include accusations that:
Babalola corrupted the Supreme Court to procure fraudulent judgments for his clients.
The law firm of S.B. Joseph & Co. doctored the Supreme Court’s original judgment to obtain an execution warrant.
Justice Atilade unlawfully issued and later quashed the fraudulent warrant.
Babalola and his associates compromised the judiciary, tarnishing its integrity.
The Nigerian justice system is fundamentally criminal and complicit, incapable of upholding true justice.
Babalola denied all allegations, claiming they were deliberate falsehoods intended to damage his reputation and the legacy of his law firm, established in 1965. He demanded the recovery of all copies of the book from circulation.
“All these statements are false and incorrect, written deliberately to destroy my reputation,” Babalola stated. “The book has been massively distributed online, reaching people globally and damaging my hard-earned reputation.”
Babalola argued that the statements contravened Sections 373, 374, and 375 of the Criminal Code, which prohibit defamatory statements likely to injure a person’s reputation, expose them to public contempt, or harm their professional standing.
NBA’s Condemnation of Farotimi’s Arrest
The Nigerian Bar Association (NBA) condemned Farotimi’s arrest and the reported police invasion of his law firm, describing the actions as a breach of the rule of law and the sanctity of the legal profession.
NBA President Afam Osigwe stated, “Libel is not recognized as a criminal offence under the laws of Lagos State. The Criminal Law of Lagos State 2011 decriminalized defamation, aligning with global best practices that treat it as a civil wrong.”
Ekiti State Police Commissioner Adeniran Akinwale defended the arrest, stating, “We are investigating Farotimi. His culpability or otherwise will be determined upon the conclusion of our investigation.”
Farotimi was remanded in the Ado-Ekiti Correctional Centre by Chief Magistrate Abayomi Adeosun, pending a formal bail application. The case was adjourned to Tuesday, December 10, for the bail hearing.
This development continues to stir debate on the balance between freedom of expression and the legal protections afforded to individuals against defamation in Nigeria.
