Defamation against me in Farotimi’s book can’t be remedied — Afe Babalola 

• Says Farotimi Will Be Free Once He Shows Proof Of His Assertions

Elder statesman and legal icon, Afe Babalola (SAN), has said that the defamatory remarks made against him by a human rights activist, Dele Farotimi, in his book are too huge and destructive to be remedied by any award of damages.

The founder of Afe Babalola University, Ado-Ekiti (ABUAD), made this known on Friday at a press conference, held at the Afe Babalola Bar Centre in Ado-Ekiti.

Speaking on behalf the legal luminary, his lead counsel, Mr. Owoseni Ajayi, who is a former Commissioner for Justice in Ekiti State, said there were various misleading publications, particularly in the social media, about the ongoing matter between the Nigerian Police and Dele Farotimi over his recent publication, titled, ‘Nigeria and its Criminal Justice System’.

He said: “Ordinarily, we would have kept quiet, since the matter is still in court. However, to prevent undiscerning members of the public from being misled by the obvious misrepresentations, it has become apposite for us to respond to same.

“There is a dictum in law to wit: ‘Audi Altarem Partem’ which means the need to hear the other side. The Yorubas believe so much in this dictum, that they have a proverb that says ‘A gbo ejo enikan da, agba osika ni’ literally translating to mean that anyone who judges by the report of just one party is the most wicked. I have found this proverb to be true.

“Not long ago, many people on different social media platforms hailed Afe Babalola for speaking truth to power, like he always does in the interest of our beloved nation.

“However, today, the same Afe Babalola and his family have been ferociously attacked on the internet because of the one-sided report by Mr. Dele Farotimi.”

He therefore said what Farotimi wrote about him in the said book could destroy what he had spent his entire life building.

The legal icon said it was in view of the above that he wrote a petition to the Police Commissioner in Ekiti State, requesting that he use his good offices to intervene.

He added: “I wrote to request that Farotimi must show proof of the truthfulness of his publication, failing which he should be prosecuted for criminal defamation, in accordance with the requirement of the extant laws of Nigeria, and confiscate all defamatory publications, until the investigations are completed.

“The petition also requested that Mr. Dele Farotimi, by himself, and/or his agents, be stopped 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.”

“Or is it wrong for Afe Babalola to seek justice for these false utterances against him? Should justice only be available to Mr. Dele Farotimi because 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. Until then, the law allows free speech, but not one that is calculated to injure the good reputation of another.

“All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side.

“I would like to observe that the position of the NBA President on this matter is outrightly misleading. The case of Aviomoh v C.O.P. (2022) NWLR (pt. 1819) 69 is in fact an authority that defamation is both tort and a crime.”