Afe Babalola now behind Farotimi’s detention had stood up for due process of law 8 years ago
By Jeph Ajobaju, Chief Copy Editor
****************************
“Why did you then decide to harass their families? The DSS has no right to take over the responsibility of the police ….
“There is nowhere in the world you try a sitting Judge. You don’t take a sitting Judge to court, and even the law stipulates that no court process can be served after 7 pm.
“It is when the Judges are sacked that you take them to court for prosecution. We are not opposed to the fight against corruption, but that due process must be followed” – Afe Babalola in 2016
****************************
Less than 24 hours after Dele Farotimi sounded the alarm that “they want to silence me,” the intrepid human rights lawyer and activist was arrested in Lagos on Tuesday by armed police officers drafter all the way from Ekiti over alleged defamation of Afe Babalola SAN, who – back in 2016 – criticised the unlawful arrest of Judges.
Some lawyers and other staff members working at Farotimi’s law firm recounted how they were threatened and harassed by the policemen who they alleged physically assaulted one of them then carted away all their mobile phone handsets.
Before his arrest, Farotimi had disclosed to journalists that the police were trying to abduct him, the disclosure coming after he got an invitation letter from Zone 2 Police Command in Lagos on November 11.
He said he first heard that he was accused of defamation by a lawyer to Tony Elumelu, UBA Group Chairman.
But it later emerged on Tuesday that the arrest was traced to a petition written by Babalola who exception to his characterisation in Nigeria and its Criminal Justice System, a book Farotimi recently published.
Ekiti Police Command then confirmed that Farotimi was being investigated for defamation and cyberbullying, per reporting by Foundation for Investigative Journalism (FIJ).
The conduct of the police has led to widespread criticism and condemnation by Nigerians, with several lawyers insisting that what Farotimi is being accused of is not a criminal offence.
They equally expressed their shock that Babaloba, a legal luminary, could be linked to “such an unlawful arrest”.
Faromiti was charged to court in Ado-Ekiti on Wednesday and quickly remanded in prison pending hearing on the case on December 10.
Babalola aghast at unlawful conduct of DSS personnel
Ironically, Babalola the petitioner criticised the Department of State Services (DSS) for the indiscriminate arrest of judges in 2016 as well as its disregard for due process.
On 7 and 8 October 2016, DSS personnel armed to the teeth stormed the residences of senior Judges, breaking doors and threatening to harm their family members and aides.
The raids were carried out in Abuja, Rivers, and Gombe, which led to the arrests of Supreme Court Justices Sylvester Ngwuta and John Okoro, and Judge Adeniyi Ademola of the Abuja Federal High Court.
All three were arrested for what the then-Muhammadu Buhari administration described as “corruption”.
In reaction, Babalola slammed the DSS, saying if the Judges were found to have done something wrong, the normal thing to do was to report them to the National Judicial Council (NJC) for disciplinary action.
“Why did you then decide to harass their families? The DSS has no right to take over the responsibility of the police,” Babalola protested.
“If people have evidence against Judges, they should report to the NJC. How can you arrest a sitting Judge and take him before a magistrate to try him?
“There is nowhere in the world you try a sitting Judge. You don’t take a sitting Judge to court, and even the law stipulates that no court process can be served after 7 pm.
“It is when the Judges are sacked that you take them to court for prosecution. We are not opposed to the fight against corruption, but that due process must be followed.”
_________________________________________________________________
Related articles:
Farotimi takes lawsuit against what Falana describes as his illegal arrest, detention
Falana demands probe of fuel import “scam” on Tinubu’s ministerial watch
SERAP alerts, Tinubu already violating Constitution by banning journalists
Army releases FirstNews Editor Olatunji after detaining him for 2 weeks
BREAKING: First News Editor Olatunji resigns, slams apology to Gbaja over alleged $30b heist
_________________________________________________________________