Afe Babalola’s lawyers say Farotimi will be free if he proves allegation

The lawyers representing Afe Babalola, SAN, founder of Afe Babalola University, have stated that Dele Farotimi, the embattled human rights lawyer, will be freed if he can provide proof of the allegations he made against the elder statesman.

Babalola’s legal team, led by Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, held a press conference in Ado Ekiti on Friday. They explained that Babalola had petitioned the police to investigate the defamatory statements Farotimi made in his book ‘Nigeria and its Criminal Justice System’.
The lawyers said that the purpose of the charges against Farotimi was for the law to address the matter, after the police in Ekiti State arrested him in Lagos on Tuesday. Farotimi was then arraigned before an Ekiti State Magistrate’s Court on Wednesday, where the police requested his remand. His lawyer sought bail for Farotimi, but Chief Magistrate Abayomi Adeosun ordered him remanded and adjourned the case to December 10, 2024.

Ajayi clarified that the press conference aimed to correct misleading information regarding the case, asserting that Babalola’s petition to the police was legitimate.
He urged Nigerians to verify the facts before forming opinions and stressed that Babalola’s reputation, built over years of hard work, was at stake.
Ajayi said, “All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side.

“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.”

He also noted that Farotimi’s book contained defamatory statements designed to harm Babalola’s reputation, and such false accusations are prohibited by law. Ajayi cited Section 59 of the Criminal Code Act, which prohibits the publication of false news intended to cause fear or alarm and called for justice in the matter.

Ajayi further advised Farotimi’s supporters to reconsider their actions, warning that they were misleading him. He urged Farotimi’s family to apologise to Babalola, stressing that Babalola was a builder, not someone interested in harming others.

He added, “Subsection (1) states that ‘any person who publishes or reproduces any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that statement, rumour or report to be false, shall be guilty of a misdemeanour and liable, on conviction, to imprisonment for three years’.

“Those pushing Farotimi are not his friends. By the time they lead him to the dungeon, he would realise they were deceiving him. Let me advise his family members to apologise to Aare. Aare Babalola is a builder, not interested in destroying Farotimi.”

Meanwhile, the police in Ekiti State announced a ban on unlawful protests and gatherings. A group, Take it Back Movement, had circulated leaflets calling for a global protest in response to Farotimi’s remand, but the police cautioned that any attempt to disrupt public peace would be dealt with according to the law. The police also banned the sale and use of fireworks, warning that it could cause security risks.

The police assured residents of adequate security during the upcoming period and urged them to report any suspicious activities to the authorities.