A Magistrate Court in Ado-Ekiti has refused to grant bail to human rights activist Dele Farotimi. Farotimi was brought before the court over allegations of defaming Aare Afe Babalola, the founder of Afe Babalola University, Ado-Ekiti.
During the resumed hearing on Tuesday, Magistrate Abayomi Adeosun postponed the decision on the bail application to December 20. This followed arguments from the police counsel, Samson Osobu, who described the defendant’s bail request as incompetent and irregular.
The defamation charges against Farotimi stem from claims made in his book, Nigeria and its Criminal Justice System. In the book, Farotimi alleged that Afe Babalola, a Senior Advocate of Nigeria, had influenced decisions at the Supreme Court.
Chief Magistrate Adeosun, after reviewing the 16-count charge presented by police prosecutor Samson Osubu, adjourned the case to December 10, 2024. Farotimi, who pleaded not guilty to all charges, was arrested in Lagos on Monday by Ekiti State police officers and taken to Ado-Ekiti, where he was arraigned on Wednesday.
Farotimi Urged to Prove Allegations to Avoid Consequences
The legal team representing Afe Babalola, SAN, founder of Afe Babalola University, Ado-Ekiti, has called on human rights lawyer Dele Farotimi to present evidence supporting his allegations against the esteemed elder statesman.
Speaking at a press conference in Ado-Ekiti last Friday, the lawyers—Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all former chairmen of the Nigerian Bar Association (Ado-Ekiti branch)—addressed the ongoing legal dispute sparked by statements in Farotimi’s book, Nigeria and its Criminal Justice System.
The book contains claims that Babalola’s legal team considers defamatory, leading the senior advocate to file a petition with the police for further investigation. The lawyers stressed that Farotimi’s arraignment was a necessary step to allow due process to take its course.
“The allegations in the book are damaging and baseless,” said Owoseni Ajayi, a former Ekiti State Attorney General and Commissioner for Justice. “The matter has been taken to court because it is essential for the truth to be established through legal channels.”
Babalola’s legal team voiced their concerns about what they described as an effort to damage the senior advocate’s reputation, which they noted had been established through decades of hard work and commitment. “This press conference is to clarify the misleading narratives surrounding the case,” Ajayi said.
“Farotimi has made accusations that must be proven in court. This is not about silencing dissent but about protecting an impeccable legacy.” Meanwhile, Babalola’s legal team expressed confidence in the judicial process to ensure a fair and just resolution.
He said, “All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side.” In his petition, Aare Afe Babalola requested the police to formally invite Mr. Dele Farotimi to provide evidence supporting the claims in his publication. He further urged that, if unable to substantiate his statements, Farotimi should be prosecuted for criminal defamation in line with Nigeria’s existing laws.
“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”.
“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 asserted that the claims made by Farotimi in his book violate Section 59 of the Criminal Code Act, which prohibits the publication of false information intended to incite public fear and alarm.
