The Path Forward for Dele Farotimi
By Kenneth Ikonne

There is no denying that Dele Farotimi’s allegation in his recent book—that Chief Afe Babalola, SAN, compromised Supreme Court justices to secure a favorable judgment in a land dispute—is defamatory unless it can be substantiated. Such a claim tarnishes the reputation of the esteemed lawyer, both professionally and socially, and lowers him in the estimation of right-thinking individuals.

The situation presents a clear legal quandary for Farotimi. While the possibility exists that his claims are true, defamation law operates on the presumption that defamatory statements are false unless proven otherwise. The burden of proving the substantial truth of his allegations rests squarely on Farotimi—a burden that, in this case, seems insurmountable.

To complicate matters, Farotimi now faces criminal defamation charges in Ekiti State. Unlike Lagos, where defamation is a civil matter, Ekiti recognizes it as both a civil and criminal offense. The law requires only that the prosecution demonstrate the defamatory content was published and read within the jurisdiction. Farotimi’s location in Lagos does not shield him; as long as he is in Ekiti, voluntarily or otherwise, the courts there retain jurisdiction.

The stakes are high. Beyond criminal defamation, Farotimi risks facing a graver charge—bringing the Supreme Court into disrepute. If convicted, he could be struck off the roll of legal practitioners, an outcome that would mark a significant personal and professional downfall.

A Personal Encounter with Chief Afe Babalola

Many years ago, I found myself in a somewhat analogous situation. Chief Afe Babalola had sued Dr. Usoro, a maritime magnate, for $1 million in unpaid professional fees. Representing Dr. Usoro, I challenged the jurisdiction of the High Court of the Federal Capital Territory (FCT) to hear the case. The court agreed and dismissed the suit, leaving Chief Babalola the option of refiling in Ibadan or Port Harcourt.

Realizing the limited nature of our victory, I sought my client’s permission to approach Chief Babalola directly. With humility as my guide, I traveled to Ibadan and eventually to Ado-Ekiti to meet the iconic lawyer. My approach disarmed him, and he graciously forgave the debt after a heartfelt exchange. That meeting left an indelible impression on me of his magnanimity.

A Lesson for Farotimi

The lesson is clear: humility and dialogue may offer a viable path forward. Instead of pursuing a combative approach, Farotimi could lean on his connections, particularly his relationship with Peter Obi, who has ties to former President Olusegun Obasanjo—a close associate of Chief Afe Babalola. Through these channels, Farotimi could seek a resolution, ultimately making the symbolic pilgrimage to Ado-Ekiti, much like I did in 2011.

This approach aligns with the principle that reconciliation often trumps litigation. A gesture of humility may not only soften Chief Babalola’s stance but also avert the more serious charges that loom over Farotimi’s legal career.

As Chief Babalola once assured me, “No one comes to see me in Ado-Ekiti and leaves empty-handed.” Farotimi should take this to heart.

Kenneth Ikonne is a Senior Advocate of Nigeria (SAN) and writes from Abuja.

Peter Obi Appeals to Afe Babalola and Visits Detained Lawyer Dele Farotimi in Ekiti

Peter Obi, former Labour Party presidential candidate and ex-governor of Anambra State, met with renowned legal scholar Afe Babalola, SAN, in Ado-Ekiti, Ekiti State.

The meeting, held on Monday, revolved around Obi’s plea for clemency regarding human rights lawyer Dele Farotimi, currently detained at the Ekiti prison. Babalola has faced significant backlash, both domestically and internationally, following his petition urging the police to prosecute Farotimi under the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015. Critics accuse the legal icon of overstepping his influence, with protests being organized to address what many perceive as an abuse of power.

During the meeting, Obi reportedly engaged in comprehensive discussions with Babalola, with sources indicating that the conversation centered on seeking a resolution to the situation involving Farotimi.

Farotimi, a vocal human rights advocate, was charged in connection to alleged cybercrime offenses following the petition from Babalola. He appeared in court on Monday, where the Federal High Court in Ado-Ekiti, presided over by Justice Babs O. Kuewumi, granted him bail under stringent conditions, including a ₦50 million surety and a guarantor with a property of equivalent value.

“Today, Mr. @PeterObi traveled from Lagos to Ekiti State, dedicating the day to impactful engagements,” a social media user wrote. “He met Aare Afe Babalola at his office in Afe Babalola University to discuss critical issues, including @DeleFarotimi’s situation. Later, he visited the detention facility to meet with Farotimi, expressing solidarity and working towards a resolution.”

Farotimi’s case, registered under suit number FHC/AD/CR/104/2024, has been adjourned to January 29, 2025, for further hearings.