Alleged defamation: Court remands human rights lawyer Farotimi, adjourns until Dec. 10

Chief Magistrate Abayomi Adeosun on Wednesday in Ado Ekiti, the Ekiti State capital, remanded human rights lawyer, Dele Farotimi, at the correctional centre in the city.

Farotimi was arraigned on a 16-count charge bordering on defamation of character against Chief Afe Babalola (SAN), founder of Afe Babalola University, Ado Ekiti.

The charge stems from allegations made in Farotimi’s book, “Nigeria and its Criminal Justice System,” where he claimed that Babalola had compromised the Supreme Court.

Persecondnews reports that Farotimi was arrested in Lagos on Tuesday and brought to the Ekiti State Magistrates’ Court on Wednesday about 10:25 am.

The Chief Magistrate, after listening to the police prosecutor, Mr. Samson Osubu, who filed the charges to which Farotimi pleaded not guilty, adjourned the case until December 10, 2024.

He said: “The defendant should file a formal application for bail. The matter is adjourned till Tuesday, December 10, 2024.

“The defendant is hereby ordered remanded at the Correctional Centre, Ado Ekiti.”

Meanwhile, State Police Commissioner Adeniran Akinwale has defended Farotimi’s arrest in an interview on Tuesday, citing allegations of cyberbullying and defamation.

According to Akinwale, Farotimi allegedly committed the offences, including defamation of character and cyberstalking, with the latter two allegations being “fully established.”

He said: “We are investigating him (Farotimi). If the suspect is arrested, we will bring him for investigation. We will conduct our investigation and will be able to know his level of culpability or otherwise.”

Farotimi’s arrest has sparked widespread outrage and reactions from Nigerians, who are condemning the move as an attempt to silence a vocal critic and undermine freedom of speech.

The Nigerian Bar Association (NBA) strongly condemned the arrest, expressing grave concerns over the reported invasion of his law firm in Lagos, which they deem a serious breach of the rule of law and an attack on the legal profession’s integrity.

NBA President Mazi Afam Osigwe (SAN), in a statement issued on Tuesday, said: “While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.”

The association emphasized that the alleged libel offence for which Dele Farotimi was arrested is not considered a criminal offence under Lagos State law.

It referenced the Criminal Law of Lagos State 2011, which decriminalized defamation, bringing Lagos State in line with global best practices that treat defamation as a civil, rather than criminal, matter.

Referring to the Supreme Court’s 2021 decision in Aviomoh v. Commissioner of Police & Anor, Osigwe reiterated that Justice Helen Ogunwumiju, JSC, affirmed that defamation ceased to be a criminal offence in Lagos State following the enactment of the 2011 law.

Also, Mr. Peter Obi, the Labour Party’s presidential candidate in the 2023 elections, strongly condemned the arrest, describing it as a gross misuse of police powers and a grave assault on democratic principles and justice.

In a statement posted on his X (formerly Twitter) handle, Obi called for Farotimi’s immediate and unconditional release, emphasizing the need for the police to act within the bounds of justice and democracy.

He said: “I just learned of the arrest of @DeleFarotimi, a respected human rights lawyer and advocate, over an allegation of defamation.

“This action is a gross misuse of police powers and a grave assault on the principles of democracy and justice in Nigeria.

“As a private citizen and a former governor, I have often been defamed, insulted, and lied against. Yet, I have never resorted to using the police or filing reports to silence others.

“The resort to police action in this case reeks of abuse of power and raises serious concerns about the independence and professionalism of the police as a civil force.”