Chief magistrate Abayomi Adeosun of Ado-Ekiti Magistrate’s Court yesterday (Wednesday) ordered the remand of a Lagos based human rights lawyer, Mr Dele Farotimi for allegedly defaming the founder of the Afe Babalola University, Ado-Ekiti, Mr Afe Babalola.
Farotimi who was arrested in his chamber in Lagos on Tuesday by officers from Ekiti State Police Command, was arraigned in court for allegedly publishing a book “Nigeria and its Criminal Justice System’ where he alleged among other things that Babalola corrupted the Supreme Court by procuring judgements.
The allegation, according to the charge, exposed the complainant to hatred, contempt, ridicule as well as damaged his reputation.
The accused pleaded not guilty to all the sixteen count charge.
The police prosecutor, Mr Samson Osun called for the remand of the suspect in prison pending further investigation and its outcome.
Counsel for the defendant, Mr Dayo Akeredolu opposed the remand call and pleaded with the court to admit the defendant to bail on liberal terms and on self recognisance because the case is bailable and the suspect is a known figure who does not constitute any threat .
He said the defendant is presumed innocent until proven guilty.
In his ruling, Adeosun ordered the remand of the defendant and adjourned hearing till December 10.
“The defendant should file a formal application for bail. The matter is adjourned till Tuesday, December 10, 2024. The defendant is hereby ordered remanded at the Correctional Centre, Ado Ekiti,” the magistrate declared.
Meanwhile, the former vice president and 2023 presidential candidate of the Peoples Democratic Party, Mr Atiku Abubakar, has objected to Farotimi’s arrest and detention, saying it is a sad reminder of the days of the country’s oppressive military dictatorship era.
In a statement on Wednesday, Atiku said: “The arrest and detention of lawyer and human rights advocate, Dele Farotimi, is unequivocally condemned. It serves as a grim reminder of the dark days of military dictatorship when the iron fist of tyranny sought to crush all dissent.
“I am made aware that Dele is being accused of defamation — an offence that, under normal circumstances, should not warrant the involvement of law enforcement.
“Defamation, under normal circumstances, is a civil offence and does not warrant police intervention. The police’s involvement in this case is akin to using a sledgehammer to swat a fly—an overreach of unimaginable proportions.
“The arrest—or more appropriately, the abduction—of Dele Farotimi is a clear indication of this administration’s agenda to stifle free expression and intimidate dissenting voices.
“These actions are paving the way for a one-party state, which is completely contrary to the principles of democracy.”
He urged the President Bola Tinubu administration to respect the rule of law and allow grievances to be addressed through proper judicial channels, rather than misusing state power.
Atiku also called for Farotimi’s unconditional release, saying his continued detention is an affront to Nigeria’s democratic ideals.
“If anyone feels aggrieved by defamatory remarks, the courts are there to provide redress—not the heavy-handed intervention of the Police. In 2019, I was defamed, but I sought justice in court, not through police intimidation. That is how democracy works.”
“It is an appalling abuse of power to use the police for personal vendettas. The Tinubu administration must realise that repeated arbitrary arrests and harassment contradict the democratic principles they claim to uphold,” he added.
Similarly, the Nigerian Bar Association (NBA), in a statement by its president, Mr Afam Osigwe, condemned the arrest of the human rights lawyer and called for his release.
He said the arrest of Farotimi on allegations of libel and reports of an invasion of his law firm in Lagos by the police is a serious violation of the rule of law and an attack on the sanctity of the legal profession.
“While the Nigerian Police Force has the authority to investigate crimes, this power must be exercised within the confines of the law and in respect of offences recognised under Nigerian law.
“Under Sections 4 and 24 of the Police Act, 2020, the Nigerian Police Force is mandated to act only on conduct that constitutes a criminal offence under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is not only unlawful but also a blatant violation of the principles of legality and the rule of law.”
“The legal profession is a cornerstone of justice and democracy, and any attempt to undermine its independence is a direct assault on the rule of law,” Osigwe said.
