Barely a day after a court ordered the halt of Dele Farotimi’s book sale and circulation, Chief Afe Babalola (SAN), a legal icon, has intensified efforts to disbar the Lagos-based lawyer over alleged defamation.
Babalola, through his law firm, has submitted a petition to the Legal Practitioners Disciplinary Committee (LPDC), requesting that Farotimi’s name be struck off the roll of legal practitioners in Nigeria, citing alleged unethical conduct and defamation.
Mr. Ola Faro, a partner in the firm and a person mentioned in the book, “Nigeria and its Criminal Justice System,” signed a 90-page petition dated December 6, 2024.
The LPDC serves as the primary regulatory body responsible for investigating and addressing instances of misconduct among Nigerian lawyers, ensuring that they uphold the highest ethical standards and adhere to the principles of professional conduct.
The petition is titled, “Petition against Tomilola Titus Farotimi also known as Dele Farotimi Esq, a Nigerian lawyer called to the Nigerian Bar with his name on the roll of legal practitioners kept by the Supreme Court for violation of extant rules of professional conduct for legal practitioners rules 1, 15(1), 15(2B), 15(3A), 15(3G), 15(3I), 15(3J),26(1), 27(1), 30, 31(1), (2) and (4) of the rules of professional conduct 2023 by bringing the entire judiciary in Nigeria into dispute with his unfounded allegations of corruption against eminent justices of the Supreme Court of Nigeria, judges of High Court of Lagos State, Aare Afe babalola, SAN, Olu Daramola SAN, Ola Faro Esq.,and the entire chambers of Aare Afe babalola & Co in his book titled ‘Nigeria and its Criminal Justice System.’’
In the petition, Faro provided a detailed background of the case, outlining the alleged violations of the Rules of Professional Conduct by Farotimi.
He highlighted that Farotimi “engaged in conduct that is unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession.
“Participated in conduct that he believes to be unlawful by bribing judicial officers and having unlawful access to a judicial officer. Joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer.
“Gave service to his client, which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer. Knowingly made false statements of law and facts in respect to a case already decided by the Supreme Court.
“Assisted his clients in a conduct that he knows to be illegal and fraudulent.
Knowingly engaged in illegal conduct in the cause of his practice as a legal practitioner.
“Treated his fellow lawyers without respect, fairness, consideration, and dignity, allowing ill feeling between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner.
“Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court.
“Conducted himself in a manner that obstructed, delayed, and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and the benefit of his client, who lost at the Supreme Court.
“Treated the court, particularly the Supreme Court, without respect, dignity, and honour by using uncouth, unprofessional, undignified, and offensive language against the Supreme Court and the justices of the Supreme Court.
“Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities.
Indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer.
“The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession and the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”
The petitioners also alleged that certain statements made in the book have the potential to incite unrest within the legal profession and society while also discrediting the Nigerian judiciary, including Supreme Court justices and Lagos State High Court judges, as well as damaging the reputation of their law firm.
Persecondnews reported that nonagenarian Babalola had accused Farotimi of defaming him in a book titled, “Nigeria and Its Criminal Justice System.”
He was arrested by the police in Lagos on December 3 and subsequently ferried to Ekiti State by road.
The human rights activist was subsequently arraigned on defamation charges before an Ekiti State Magistrates’ Court on December 4, with Magistrate Abayomi Adeosun ordering his remand in the correctional centre until December 10 for the hearing of his bail application.
At the resumed hearing of the case on December 10, Magistrate Adeosun adjourned Farotimi’s bail application until December 20 after the police counsel, Mr. Samson Osobu, successfully argued that the application was incompetent and irregular.
Meanwhile, Justice Babs Kuewumi of the Federal High Court in Ado Ekiti granted Dele Farotimi N50 million bail with one surety on Monday, December 9, in a suit filed by the Inspector General of Police (IGP) over alleged cybercrime.
On December 11, Justices Peter Kekemeke and Mufutau Adegbola of the High Courts of the Federal Capital Territory, Abuja, and Oyo State, respectively, issued interim orders halting the circulation of Dele Farotimi’s book and directing security agencies to seize all copies.
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