Farotimi takes lawsuit, insists he committed no crime
By Jeph Ajobaju, Chief Copy Editor
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“Why would you be inviting somebody to Ekiti from Lagos on something that [allegedly] happened in Lagos?
“The book was published in Lagos. The defendant has an office in Lagos. And under the Nigerian Criminal Justice System, the law is not that you have to go to where the defendant is, to go and try the accused.
“You have to try the accused where the act was committed, except he had escaped justice in another state. So if he didn’t do that, you cannot abduct him to that state that he didn’t escape to” – Farotimi’s lawyer, Temitope Temokun
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Dele Farotimi, popular human rights lawyer and activist, has filed a lawsuit at a Lagos High Court against Ekiti police whose officers arrested him in Lagos on Tuesday, took him to Ado-Ekiti where he was arraigned in court on Wednesday and remanded in prison over alleged defamation of Afe Babalola SAN.
Nigerians have again stoutly criticised the police for yet another violation of human rights by the Bola Tinubu regime.
Some citizens are also wondering why it took police officers from Ekiti to arrest the activist in Lagos where he allegedly committed the offence and arraigned him in Ado-Ekiti,capital of Babalola’s home state; where he lives, has an eponymous university, and abundant influence.
Fellow human rights lawyer and activist, Femi Falana SAN, described the arrest (and subsequent detention) as illegal because Lagos has decriminalised criminal libel that Farotimi is said to have allegedly committed.
Farotimi himself has insisted that he did not commit libel in his recently published book Nigeria and its Criminal Justice System and was only exercising his freedom of speech.
Babalola, however, sees things differently, claiming alleged defamation of his character in the book.
Ekiti police have tried to justify the arrest, saying it was because Farotimi failed to honour invitation, an allegation Farotimi’s counsel Temitope Temokun denied.
Ralph Nwoke, a second counsel for the activist, narrated on News Central how the police invaded Farotimi’s office on Tuesday, and disclosed that the matter has been taken to court.
“We’re in court. We’ve filed a fundamental human rights application before the Lagos State High Court. We’re trying to get further information on what happened.”
Nwoke alleged the police took away phones and other devices of staff members at Farotimi’s office and threatened to shoot those who dared to ask them who they were and where they were taking him to.
Farotimi was arrested and driven to Ekiti on Tuesday.
In court on Wednesday, he pleaded not guilty and Magistrate Abayomi Adeosun denied him bail and ordered his remanded at a correctional centre until December 10 for further hearing.
Falana insists criminal libel decriminalised in Lagos, demands Farotimi’s release
Falana reiterated that Farotimi was arrested over an alleged criminal libel after another activist Omoyele Sowore broke news of the arrest on X (Twitter).
“I just confirmed that Mr. Dele Farotimi was arrested in Lagos today for alleged criminal libel,” Falana clarified in a statement.
“In demanding Mr. Farotimi’s unconditional release from illegal custody, I wish to state, without any fear of contradiction, that Lagos State is among the two states in Nigeria that have decriminalised defamation in its entirety.
“In fact, the current state of the law was confirmed by the Supreme Court of Nigeria in the case of Aviomoh v Commissioner of Police & Anor. (2021) LPELR-55203(SC) when Helen Ogunwumiju JSC held that “Defamation was decriminalised in the Criminal Law of Lagos in 2011 and Edo State Criminal Law Bill 2020.”
Ekiti police explain why they arrested Farotimi
Ekiti Police Public Relations Officer Sunday Abutu justified Farotimi’s arrest, saying he failed to answer calls and letters requesting him to appear at the station which led the command to obtain a court order.
“We got a petition from a complainant against him, ordering the publication of false news to cause fear and alarm in the public. And that is contrary to and punishable under Section 59 of the Criminal Code,” Abutu told The PUNCH.
“And also the publication of defamatory matter, which is also contrary to Section 375 of the Criminal Code. That was the petition we got.
“And after all the means used to give him a fair hearing to come and explain himself were unsuccessful, we got a court order. The command obtained a court order before proceeding to arrest him.
“He was only arrested after all attempts to make him come and explain himself proved abortive. He has been investigated and the case is already in court.”
Police lying about invitation, says Farotimi’s lawyer
Temoku, one of Farotimi’s lawyers, insisted the Ekiti police never invited his client.
“He was invited by Zone 2 (in Lagos) on two occasions, and he went there,” he said.
“But why would you be inviting somebody to Ekiti from Lagos on something that [allegedly] happened in Lagos? However, he was never invited, and if he had been invited, as a lawyer, I would advised him not to go.”
Temoku argued that the fact Farotimi was taken out of Lagos to Ekiti “is a wrong foundation that nobody can justify.
“It means that whatever thing they are even going to do tomorrow, it has put a question mark on that process.
“The book was published in Lagos. The defendant has an office in Lagos. And under the Nigerian Criminal Justice System, the law is not that you have to go to where the defendant is, to go and try the accused.
“You have to try the accused where the act was committed, except he had escaped justice in another state. So if he didn’t do that, you cannot abduct him to that state that he didn’t escape to.”
Temoku disclosed that Farotimi’s legal team would file a formal application as demanded by the court.
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