Opinion: Dele Farotimi and Afe's Case: A Tale of Two Clamoring for Justice

By Semiloore Akinsulure

Lately, a major headline that has been making rounds on the internet is the detention and incarceration of Human Rights Lawyer, Dele Farotimi who was alleged to have defamed a legal tycoon in Afe Babalola, SAN. This incident, due to the nature of the matter, has placed a serious spotlight on the integrity of the judiciary and that of the renowned Afe Babalola, SAN. The matter has no doubt spearheaded public interest and debate, it is therefore pertinent to look into the legal and ethical issues arising from the matter.

Dele Farotimi in his book, ‘Nigeria and its Criminal Justice System’ made some comments about Afe Babalola, SAN which seem to suggest that the learned Silk bribed the judiciary to win cases for his clients. These are heavy statements with serious implications for the petitioner and the judiciary, if these statements are substantial.

There have been grievances channelled from the members of the public, scrutinizing the Nigerian Police Force’s approach to the apprehension of Dele Farotimi, which included allegations of office invasions and breach of privacy, following numerous reports that the Police went as far as withholding the phones of the lawyers in the firm pending the duration of their operation in that territory in order to perfectly execute the arrest.

These acts, if true, offer an explanation to the increasingly popular view of Dele Farotimi’s incarceration as more of an abduction than an arrest. Such conduct is an ethical institutional flaw that continues to malign the integrity of the police as an institution, reducing their reputation to a unit consistently readily available to be used as a tool of the oppressors.

The agitations of the people seem to align with the school of thought that defamation is not a criminal offense but rather a civil wrong. However, as legal persons, we must step aside from the court of public opinion and address the issues as they would be in a court of law. Legal questions must be asked. Based on the provisions of the law, are Dele Farotimi’s acts in reality punishable by law if true?. Without much ado, It is very important to establish that defamation is a criminal offence, and this has been provided for in the Criminal Code Act which is applicable in majority of the states in Southern Nigeria. Specifically, section 373 and 374 establish the offence of defamation, while section 375 and 376 spell out the punishment for defamation. Clearly, these provisions establish defamation as a criminal offence.

Notwithstanding the foregoing, It is worthy of note that the growing campaign for the decriminalisation of defamation continues to find merit, as some states (including Edo and Lagos) have successfully decriminalised defamation from their laws. This fact was noted by the Supreme Court of Nigeria in the case of Aviomoh v Commissioner of Police & Anor (2021) LPELR-55203(SC) where Helen Ogunwumiju JSC held that “Defamation was decriminalised in the Criminal Law of Lagos in 2011 and Edo State Criminal Law Bill 2020”. Nevertheless, Defamation is still considered as both criminal and civil wrong in other states, which includes Ekiti State, the residential state of the petitioner.

Flowing from the above, it is pertinent to approach this situation with pragmatism and not unduly vilify the Learned Silk for choosing an available remedy to correct his reputation. Justice is not a one-way traffic, It is not justice for the victim only. The society and even the accused deserve justice as well and should be afforded equal opportunity to access same.

The focus should be less on face value, but on addressing the law as it is. The petitioner would not have followed that route in his pursuit for justice if it was not in existence. It will never ever be right for the offence of defamation to be criminalised, as it is a way of curtailing the right to freedom of expression, which is quite baneful for any democratic system.

In concluding, it is only wise that the Learned Silk withdraws the petition, and approaches justice via a civil procedure, being an experienced legal practitioner who understands the importance of the decriminalization of defamation across all the states in the country. This is important for not only progression of the judiciary and society, but public perception and integrity. The system needs people like Afe Babalola to identify with the progressive stance of people who believe our laws should be amended to conform with international best standards, and not the laws which overtime, has seemed to empower the oppression of the poor.

Semiloore Akinsulure, is a writer and a Media Personality.