Alleged Defamation: Afe Babalola (SAN), as an elder statesman, treated Farotimi with contempt; ridiculed the legal profession—Comrade Prince Saviour Iche
Alleged Defamation: Afe Babalola (SAN), as an elder statesman, treated Farotimi with contempt; ridiculed the legal profession—Comrade Prince Saviour Iche
By Onome Naomi
In reference to the alleged defamation levied against Aare Afe Babalola (SAN) by Lagos-based human rights lawyer and activist Dele Farotimi, Comrade Prince Saviour Iche, a human rights advocate, is saying that, legally and otherwise, Nigeria’s leaders need to learn how to use their authority wisely. Intimidation may win battles, but it hardly wins wars. In a time where knowledge spreads more quickly than wildfire, exercising restraint is not only a virtue but also a tactic that faults the legal system for overlooking the actions of Afe Babalola for fear of telling him the error of his ways.
It will be recalled that the Chief Magistrate Court in Ado-Ekiti, Ekiti State capital, after hearing the case between Afe Babalola (SAN) and a Lagos-based human rights lawyer and activist, Dele Farotimi, over aspects of the 104-page book, ‘Nigeria and its Criminal Justice,’ authored by Farotimi, he was charged with a defamation suit against Afe Babalola.
Meanwhile, Dele Farotimi was granted bail of N50 million on Monday at the Federal High Court in Ado Ekiti in the suit filed by the Inspector General of Police (IGP), Kayode Egbetokun, against him over alleged cybercrime. Based on a petition written by Babalola, the police arrested Farotimi in Lagos on Tuesday, December 3rd, 2024, and arraigned him before an Ekiti State Magistrate’s Court in Ado-Ekiti last Wednesday, December 4th, 2024, on charges bordering on defaming the elder statesman.
Afe Babalola stated in the suit filed at the FCT High Court in Abuja that excerpts from the book portrayed him, the law firm, and its lawyers as unethical, suggesting they were often involved in bribing judges and manipulating the judicial system. The 104-page book accused the law firm of “compromising the integrity of the Supreme Court,” scheming with “crooked lawyers and incompetent justices,” and “doctoring” a Supreme Court judgment.
To this effect, Comrade Saviour Iche opined that the bail bond of N50m was constituted exorbitantly to further keep Farotimi in detention. More so, the manner in which Farotimi’s arrest was instituted was like apprehending an assassin or a murder syndicate. Babalola says he unintentionally boosted his opponent and exposed himself to public condemnation by using such excessive action against Farotimi. Those in positions of authority, whether in the legal system, government, or interpersonal disputes, need to understand that emotional reactions have the capacity to escalate little conflicts into major conflicts.
He further opined that;
When a legal behemoth gives up strategy due to emotion, what then happens? Aare Afe Babalola and Dele Farotimi’s recent controversy provides important lessons on authority, reputation, and self-control.
It is unfortunate that the legal profession that was placed in high esteem is being brought to ashes. Afe Babalola, who is a S.A.N., a legend to aspiring and young lawyers, is beginning to ridicule his achievements so far, subjecting himself to public backlash and further tainting his empire built out of hard work and dedication over the years with this singular case that could have been handled in the most professional and subtle way as legal luminary entails.
Instead of establishing authority and safeguarding a reputation, it became a public spectacle. What may have been a minor dispute contained within a few pages of a little-known book abruptly became a topic of discussion around the world. The incident exposed Nigeria’s police and judicial systems, and Farotimi’s book shot to the top of Amazon’s download charts. This was a strategic error as well as a legal goof.
Again, a leading figure of Afe Babalola’s law firm has sued Dele Farotimi for N500 million over his alleged defamatory book in a legal effort that also seeks to stop the distribution of the fast-selling book. To what end?
Kehinde Ogunwumiju, a Senior Advocate of Nigeria and managing partner at Afe Babalola & Co., alleged in his suit that Mr. Farotimi’s book, titled ‘Nigeria and its Criminal Justice System,’ is defamatory against the law firm and its lawyers. He stated in the suit filed at the FCT High Court in Abuja that excerpts from the book portrayed him, the law firm, and its lawyers as unethical, suggesting they were often involved in bribing judges and manipulating the judicial system.
The 104-page book accused the law firm of “compromising the integrity of the Supreme Court,” scheming with “crooked lawyers and incompetent justices,” and “doctoring” a Supreme Court judgment. It also accused Mr. Babalola of corrupting the Supreme Court in the service of his clients.
The words complained of are not only false but also malicious, reckless, and defamatory,” Mr. Ogunwumiju’s suit read in part. All this was done in an attempt to keep Farotimi in detention for a long time; meanwhile, other approaches would have suited the situation better, resulting in a win-win situation.
The story would have been quite different if Babalola had discreetly filed his lawsuit in Lagos or Ibadan and let the legal system handle it. His imposing legacy would have remained intact, and the silent grandeur of the elder statesman’s deeds may have overshadowed Farotimi’s voice.
Babalola could have learned from Femi Falana, another prominent figure in Nigerian law. Falana handled the libelous onslaught in the “Falana v. Very Dark Man” case with cool composure and accuracy. He let the judicial system do the talking for him rather than making the issue a public spectacle. Justice was done without needless controversy, and his reputation came out intact. The lesson is obvious: power works best when used subtly and restrainedly in reputational conflicts, particularly when it comes to underdogs.
On Farotimi’s revelations before his arrest, he was invited to zone 2 command in Lagos, where he’s already written countless statements before he was forcefully arrested and his privacy invaded. Afe Babalola, as a legal guru, ought to have filed a lawsuit and allowed Farotimi to appear in court, where he can defend himself. But using underhanded tactics (the use of force by the Nigerian police) is tantamount to intimidation; the once prestigious judiciary system is tainting.
Before unprofessionalism came into play, a police officer dared not arrest a lawyer; they would rather invite them respectfully, but now, the reverse is the case. There have been countless scenarios where the police arrest and assault lawyers even in court. This is because the judicial heads have allowed such intimidation. The use of police to arrest your learned colleague is totally wrong. The legal profession that has been held in high regard for decades is being mocked by the very same judiciary system. In today’s Nigeria, three judges can give different verdicts on a particular case due to a lack of respect for the judiciary system.
It should also be recalled that Farotimi granted a press conference before his arrest. He revealed that some people are trying to punish him for coming out with the truth; what he divulged was similar to what played out in court. He is expected to rot in jail if he is unable to pay the bail bond.
Afe Babalola’s case with Farotimi is similar to Falana’s case with the very dark man. The judge on Afe Babalola’s case is acting out the script given to him and also acting on the instructions from above. Ferotimi said in his press conference all that is happening now, and he was right.
After Farotimi’s arrest, lawyers came out to speak on how wrong Afe Babalola acted against professional ethics. The law profession is no more a serious-minded profession in Nigeria, and the youths are not too pleased about becoming lawyers anymore. Back then, when the Nigerian Bar Association spoke, their words were final, and even Afe Babalola had to succumb because the NBA was the governing power point in the judiciary system, unlike nowadays when politics is being played in the NBA; they no longer have a concrete say on judiciary matters. It is time for a change.
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