The founder of Afe Babalola University, Ado Ekiti, Afe Babalola, SAN, has given condition for the release of human rights lawyer Dele Farotimi.
According to Babalola, Farotimi must provide evidence to substantiate his claims made in the book ‘Nigeria and its Criminal Justice System’.
Represented by his lawyers, Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, Babalola maintained that the allegations were baseless and aimed at tarnishing his reputation built over decades.
Farotimi was arrested in Lagos on Tuesday following a petition filed by Babalola and arraigned before an Ekiti State Magistrates Court the next day.
The petition alleged that Farotimi’s book, ‘Nigeria and its Criminal Justice System’, defamed Babalola and his law firm.
The petition called on the police to confiscate defamatory publications and ensure Farotimi ceases further distribution until investigations are concluded.
The court subsequently ordered Farotimi’s remand and scheduled the case for further hearing on December 10, 2024.
Babalola’s lawyers clarified that the police acted within the law by arresting and arraigning Farotimi, noting that the legal process would determine the outcome.
They also revealed that freedom of speech does not extend to spreading falsehoods meant to damage another’s reputation.
Owoseni Ajayi, the lead counsel said:
“Aare Afe Babalola, in his petition, urged the police to use your good office to invite Mr Dele Farotimi to show proof of the truthfulness of his publication, failing of which he should be prosecuted for criminal defamation in accordance with the requirement of the extant laws of Nigeria.
“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.
“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.
“Those pushing Farotimi are not his friends. By the time they lead him to the dungeon, he would realize they were deceiving him. Let me advise his family members to apologise to Aare. Aare Babalola is a builder, not interested in destroying Farotimi”.
