The legal team representing Afe Babalola, SAN, founder of Afe Babalola University, Ado Ekiti, has stated that human rights lawyer Dele Farotimi will remain in custody unless he can substantiate his allegations against the esteemed legal luminary.
At a press conference held in Ado Ekiti on Friday, senior advocates Owoseni Ajayi, Olakanmi Falade, and Lawrence Fasanmi, all former chairmen of the Nigerian Bar Association’s Ado Ekiti branch, addressed the issue.
They confirmed that Babalola had petitioned the police over claims made by Farotimi in his book, Nigeria and its Criminal Justice System. The petition led to Farotimi’s arrest and arraignment in Ekiti State on charges of criminal defamation.
According to the lawyers, Babalola’s actions were necessary to protect his hard-earned reputation, which they claimed Farotimi’s allegations sought to damage.
Ajayi explained that the petition requested the police to investigate the claims, seize defamatory materials, and prosecute Farotimi if he could not provide evidence to support his statements.
Farotimi was arrested in Lagos on Tuesday and arraigned before an Ekiti State Magistrates’ Court in Ado Ekiti on Wednesday. The police sought his remand, while his defense team requested bail. Chief Magistrate Abayomi Adeosun ordered his detention, adjourning the case until December 10, 2024.
Addressing the press, Ajayi criticized misleading media reports about the case, emphasizing the need for facts to prevail. “Nigerians should verify the truth before forming opinions,” he said.
He added, “Aare Afe Babalola has the right to seek justice over these false claims. If Mr. Dele Farotimi can prove his allegations, he will be released. However, free speech does not permit defamatory remarks intended to harm someone’s reputation.”
Ajayi defended the actions of the police and the court, stating that the swift arraignment was lawful and commending the professionalism displayed. He also argued that the alleged crime, involving the circulation of the book in Ekiti, established jurisdiction for the state’s legal processes.
Citing Section 59 of the Criminal Code Act, which criminalizes false publications likely to cause public fear or alarm, Ajayi warned against misleading narratives about the case. He urged Farotimi’s family and associates to advise him to apologize to Babalola, adding, “Aare Babalola is a builder, not a destroyer.”
The legal team maintained that the defamatory claims in Farotimi’s book were unfounded and designed to tarnish the legacy of one of Nigeria’s most respected legal minds. They insisted that no monetary compensation could adequately address the harm caused by such allegations.
