Farotimi Must Prove Allegations to Be Free, Say Afe Babalola’s Lawyers
The legal team representing Afe Babalola, SAN, founder of Afe Babalola University, has stated that human rights lawyer Dele Farotimi must substantiate his allegations against the elder statesman to secure his freedom.
Speaking at a press conference in Ado Ekiti on Friday, Babalola’s lawyers—Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all former chairmen of the Nigerian Bar Association, Ado Ekiti Branch—addressed the ongoing controversy. They emphasized that Farotimi’s claims in his book Nigeria and Its Criminal Justice System constituted defamation, prompting Babalola to petition the police for a thorough investigation.
The lawyers asserted that Farotimi’s allegations were an attempt to damage Babalola’s reputation, built over decades of hard work. They noted that the subsequent legal action was necessary to allow the law to address the matter appropriately.
Legal Proceedings
Following Babalola’s petition, Ekiti State Police arrested Farotimi in Lagos on Tuesday. He was arraigned on Wednesday at the Ekiti State Magistrates Court in Ado Ekiti, facing charges of defamation. While Farotimi’s lawyer sought bail, Chief Magistrate Abayomi Adeosun ordered his remand and adjourned the case to December 10, 2024.
Call for Accountability
Speaking at the press conference, Owoseni Ajayi, Babalola’s lead lawyer and a former Ekiti State Commissioner for Justice, refuted claims of bias or irregularities. He urged the public to verify facts before forming opinions, stating:
“Aare Afe Babalola, in his petition, requested the police to invite Mr. Dele Farotimi to provide evidence supporting his publication. Failing this, he should be prosecuted for criminal defamation as per Nigerian law. The defamatory materials must also be confiscated pending investigation.”
Ajayi defended Babalola’s right to seek redress, asking, “Is it wrong for Aare Afe Babalola to demand justice for these false allegations? Should justice favor Mr. Farotimi simply because Aare Babalola is a global icon?”
He added, “If Mr. Farotimi can prove the truth of his claims, he will be free. While free speech is a right, it must not harm the reputation of another.”
Jurisdiction and Allegations
Ajayi clarified that the case was well within Ekiti State’s jurisdiction, as the book was distributed there, making defamation a prosecutable offense under local law.
He also pointed out that the accusations in the book violated Section 59 of the Criminal Code, which prohibits the publication of false information intended to incite public fear. This offense carries a potential three-year prison sentence.
“The statements in the book are baseless and malicious, designed to tarnish the reputation of Aare Afe Babalola and his law firm. Such defamatory remarks cannot simply be compensated with damages,” Ajayi stated.
Advice to Farotimi’s Supporters
Ajayi advised Farotimi’s family and supporters to reconsider their stance, suggesting they apologize to Babalola. He warned that those encouraging Farotimi might not have his best interests at heart.
“Aare Babalola is a builder, not a destroyer. He does not seek to ruin Mr. Farotimi but to clear his own name,” he said.
Meanwhile, Ekiti State Police have announced a ban on unauthorized gatherings and protests as tensions surrounding the case escalate.