LAGOS – A Magistrates’ court in Nigeria’s southwestern city of Ado-Ekiti has denied bail to human rights lawyer, Dele Farotimi, who is facing allegations of cybercrime.
Farotimi was arrested from his Lagos office by operatives of the Nigeria Police Force – following a petition by a powerful elite in the country’s Ekiti State, Chief Afe Babalola (SAN).
The charge suit no: MAD/1,476.C/2024, puts the Ekiti State Commissioner of Police as the complainant against Farotimi as the defendant.
Some of the charges read, “That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System” which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you stated at page IX of the book: “That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients” which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the Statements is false and thereby committed an offence contrary to and punishable under Section 59(1) of Criminal Code Act.
“That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System” which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you stated at page X: “That Aare Afe Babalola, Olu Daramola, Olu Faro and the law offices of Afe Babalola & Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got that Court to swim in the sewer of corruption and shameful self abnegation” which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the Statements is false and thereby committed an offence.
“That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you alleged in page X, That Aare Afe Babalola, Olu Daramola, Olu Faro and the law offices of Afe Babalola & Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got that Court to swim in the sewer of corruption and shameful self- Abnegation which statement you knew were false and likely to injure the reputation of the said Aare Afe Babalola, SAN, OFR, CON, FCIArb, LL.D.; Olu Daramola, SAN, FCIArb; Mr Ola Faro and the law firm of Afe Babalola & Co. by exposing them to hatred, contempt, ridicule and damage them in their profession and thereby committed an offence contrary to Section 373 of the Criminal Code Act and punishable under Section 375 of Criminal Code Act.
“That you Dele Farotimi ‘m’ sometimes in 2024 authored published and circul karotimi book titled: “Nigeria and its Criminal Justice Systericulated your booked and read all over the world including Ado-Ekiti hicthin the Ado-Ekiti Magisterial District wherein you criminally dehimed the person of Aare Afe Babalola, SAN, OFR, CON, FCIALdam page, of the said book where you stated: “That I sued Afe Babalola SAN for libel and that he leveraged his influence in the judiciary to deny me justice” which statement you knew were false allegations and likely to injure the reputation of the said Aare Afe Babalola, SAN, OFR, CON, FCIArb, LL.D by exposing him to hatred, contempt, ridicule and damage him in his profession and thereby committed an offence contrary to Section 373 of the Criminal Code Act and punishable under Section 375 of Criminal Code Act.
“That you Dele Farotimi ‘m’ sometimes in 2024 authored, published and circulated your book titled: “Nigeria and its Criminal Justice System which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you criminally defamed the person of Aare Afe Babalola, SAN, OFR, CON, FCIArb in pages 10-11 of the said book.”
The court after denying bail to Farotimi, adjourned till December 10, 2024.
KOIKI Media reported on Tuesday that Farotimi was whisked away by police officers.
A footage seen by KOIKI Media showed armed officers storming Dele Farotimi’s office in what has been described as a “Gestapo-style” raid.
However, they proceeded to confiscate phones and other gadgets from the office staff before taking Farotimi, who was dressed in white, without presenting any formal invitation or warrant.
Farotimi had raised alarm that he was being targeted by UBA CEO Tony Elumelu and Mr Babalola, whom he accused of deploying the police to harass and monitor his movement.
Afe Babalola, a Senior Advocate of Nigeria, was later identified as the powerful Nigerian who instigated the arrest, brutalisation and detention of human rights activist Dele Farotimi by the police over a defamation allegation on Tuesday.
Babalola asked the Nigerian police to arrest Farotimi and transport him to Ekiti by road on a 334-kilometre trip that lasted more than five hours, even as Babalola had – over a year ago, donated millions of British pounds to advance human rights and education for African students at King’s College, London.
Afe Babalola is a prominent figure in Nigeria’s southwestern state of Ekiti, where he wields significant influence. He owns a university in the state capital, has thousands of employees and has been honoured by the state government, with October 19 designated Afe Babalola Day.
The arrest of Dele Farotimi from his Lagos office by operatives of the Nigeria Police Force – has attracted widespread condemnations, with social media users and activists demanding his immediate release.
A prominent human rights lawyer, Femi Falana, SAN, called on the Nigerian police to release Dele Farotimi from its custody.
Falana declared that “without any fear of contradiction, Lagos State is among the two states in Nigeria that have decriminalised defamation in its entirety.”
He said in a statement: “I just confirmed that Mr. Dele Farotimi was arrested in Lagos today (Tuesday) for alleged criminal libel.
“In demanding for Mr. Farotimi’s unconditionally release from illegal custody, I wish to state, without any fear of contradiction, that Lagos State is among the two states in Nigeria that have decriminalised defamation in its entirety.
“In fact, the current state of the law was confirmed by the Supreme Court of Nigeria in the case of Aviomoh v Commissioner of Police & Anor. (2021) LPELR-55203(SC) when Helen Ogunwumiju JSC held that “Defamation was decriminalised in the Criminal Law of Lagos in 2011 and Edo State Criminal Law Bill 2020.”
Human rights activist Omoyele Sowore also condemned the lawyer’s arrest and called for his release.
Sowore said: “It is pertinent that the Nigerian police are notified that the institution cannot continue to be used to settle personal scores, and we, the citizens of Nigeria, would no longer tolerate such a situation.
“Therefore, the Police at Zone 2 in Lagos are advised to release Barrister Farotimi immediately.”
A pan-Yoruba socio-political group, Afenifere, has condemned the arrest of
The group, in a statement on Monday signed by its Deputy Leader, Oba Oladipo Olaitan, and National Publicity Secretary, Justice Faloye, described the incident as unacceptable in a democratic society.
Afenifere quoted the spokesperson of the Ekiti State Police Command, Sunday Abutu, as saying the arrest was based on a petition accusing Farotimi of defamatory comments against Chief Afe Babalola, SAN which was reportedly contained in his recent book.
Afenifere, however, described the allegations as insufficient to justify the “Gestapo-style arrest,” emphasizing that defamation is not a criminal offense.
“This act is an affront to democratic principles, and we demand his immediate release or his arraignment before a court of competent jurisdiction. Farotimi, like every citizen, is presumed innocent until proven guilty,” it stated.
The Yorùbá group further expressed concerns over alleged plans to use legal technicalities to detain Farotimi for an extended period, saying, “There are rumours that the police and its sponsors aim to remand him in prison for 30 or more days under dubious pretences.”
Afenifere called on Nigerians and proponents of democracy to rise against what it called “habitual crude and uncivilized tactics” by law enforcement agencies.
It added: “These actions are akin to those of criminal gangs with no regard for the rights of citizens.”
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