Aare Afe Babalola, the founder of Afe Babalola University, Ado-Ekiti (ABUAD), has said that the human rights activist, Dele Farotim, remanded by a Magistrate Court in Ekiti on Wednesday, will be set free once he can substantiate the allegations he (Farotimi) levelled against him.
Recall, Theliberationnews reported that Farotimi was arrested by the police in Lagos on Monday and driven to Ekiti State where he appeared before a Magistrate’s Court in Ado-Ekiti, the state capital on Wednesday and was ordered by the court to be remanded in the state’s correctional centre.
The human rights activist’s arraignment was upon an alleged defamation of character in his book, Nigeria and its Criminal Justice System, where, among other allegations, he accused Babalola, a Senior Advocate of Nigeria (SAN), of compromising the Supreme Court.
Addressing journalists at the Afe Babalola Bar Centre, Ado-Ekiti yesterday, the lead counsel to Babalola, Owoseni Ajayi, said the defamatory remarks made by Farotimi in his book were meant to injure the hard-earned reputation of the legal luminary, which he said cannot be remedied by any award of damages.
Joined by the duo of the state’s ex-chairmen of NBA, Olasunkanmi Falade and Lawrence Fasanmi, the former Ekiti State Commissioner of Justice noted that Farotimi had been uncomfortable with Babalola since 2014 when the latter won a land dispute case in which the human rights activist was neither a party nor a counsel.
Babalola had filed a motion for the variation of the judgment of the Supreme Court to correct clerical errors on a certain land portion, which further affected some estates where Farotimi happened to be a lawyer to one of them.
Owoseni emphasised that Farotimi wrote the book not because any injustice was done to him, but because he could not get judgement for his client in court.
The lead counsel wondered why Afe Babalola, who was accused of corrupting the judiciary, would lose cases in court and still be fined with over N30 million by the same Supreme Court accused of corruption.
He added that Farotimi’s action is an offence punishable under Section 59 of the Criminal Code Act, which emphasises the publication of false news with intent to cause fear and alarm in the public.
He said: “Before I tell you my deductions from all that have happened, allow me to first share with you the events that transpired.
“The Ojomu family sold 254 hectares of land at Osapa Eti-Osa Local Government Lagos to the late Gbadamosi Bamidele Eletu in 1977. The said parcel of land was subsequently acquired by Lagos State Government in 1989.
“The Ojomu family contested the acquisition against Lagos State Government in Suit No: ID/1883/89 wherein the court set aside the acquisition by the Lagos State Government.
“The Ojomu family then instituted the suit at the High Court of Lagos State, claiming that title to the land had reverted to the Ojomu family despite the earlier sale of the land to late Gbadamosi Bamidele Eletu.
“The Gbadamosi Eletu family lost the case at the High Court and the Court of Appeal before briefing Aare Afe’s Chambers to represent them at the Supreme Court.
“Judgement was delivered by the Supreme Court on 13/7/2013 in favour of the Eletu family wherein the Supreme Court held that: Where a party has fully divested himself of all interest in land, no right vests in him to deal with the same property by way of further alienation anymore. He is caught by the maxim, nemo dat quod non habet; that is, he cannot give that which he no longer has.
“In the instant case, it was unfortunate that the respondents claimed title to the whole of their family land compulsorily acquired by the Lagos State Government including the portion earlier sold to the father of the appellants and in which they were in effective possession.
“The claim so made without disclosing the truth and excluding the said portion so sold was clearly made in bad faith and smacked of insincerity. It was very unconscionable and consequently against the principles of equity and good conscience.
“A court of law should not allow itself to be used as an engine for the perpetration of fraud, in whatever guise.
“By this judgement, the Supreme Court recognised the sale of land to the Gbadamosi Eletu family.
“You will recall that 254 hectares were sold to the Gbadamosi Eletu family.
Read Also: Farotimi to remain in detention till December 10
“However, instead of the 254 hectares, Honourable Justice Kumai Bayang AKA’ AHS JSC, who wrote the lead judgement, recorded 10 hectares in error.
“Upon the delivery of the judgement, the Gbadamosi Eletu family surreptitiously employed the services of SB Joseph & Co to enforce the judgement before Afe Babalola Chambers applied for variation of the judgement.
“This was presumed to be because the Gbadamosi Eletu family wanted to avoid paying Aare Afe Babalola’s chambers its professional fees.
“However, in 2014, the Gbadamosi Eletu family came back to Aare Afe Babalola’s Chambers.
“Immediately, lawyers from Aare Afe Babalola’s chambers filed a motion for variation of the judgement of the Supreme Court pursuant to Order 8 Rule 16 of the Rules of the Supreme Court, which allows application to be brought to correct clerical errors.
“The said motion was heard and ruling delivered on 18/3/2014 granting statutory right of occupancy to the Gbadamosi Eletu family in respect to the entire 254 hectares sold to late Gbadamosi Bamidele Eletu by the Ojomu family.
“Several residential estates were affected by the judgement of the Supreme Court among which were Pinnock Estate, Beach Resort, NICON Estate, Friends’ Colony Estate and Victory Park Estate etc. Mr. Dele Farotimi was a lawyer to one of these estates.
“The affected estates and individuals immediately filed fresh suits against the Eletu family with the purpose of frustrating the judgement of the Supreme Court. The Eletu family was lured by the affected estates to settle some of the suits behind Afe Babalola’s chambers despite being counsel on record.
“They filed terms of settlement with court without the knowing of Afe Babalola’s chambers.
“The Lagos State Government issued a publication indicating their awareness of the Supreme Court judgement and the need for the State to intervene in order to maintain public peace and order.
“The Lagos State Government invited the Eletu Family and a compromise was reached so as to avoid a massive dislocation of persons and communities directly affected by the judgement.
“Once Mr. Dele Farotimi can show proof that his assertions in the book are true, then he will be free. Until then, the law allows free speech, but not one that is calculated to injure the good reputation of another.
“All facts are verifiable. I urge Nigerians to verify and find out what the truth is first before picking a side”.
Police slam 12 fresh cybercrime charges on activist
The Nigeria Police Force yesterday filed 12 additional charges against prominent Farotimi.
Twelve new counts under the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 are included in the new filing submitted on to the Federal High Court in Ado-Ekiti, Ekiti State yesterday.
Among the accusations was an interview Farotimi allegedly transmitted knowingly with a view to spreading false information during an online interview on August 28, 2024, claiming that Afe Babalola “corrupted the judiciary.”
The prosecutors argued that the statements were made with the aim of causing public unrest and bullying or harassing the senior lawyer.
Farotimi is accused of making defamatory remarks during a podcast interview with journalist Seun Okinbaloye, based on content in his book, Nigeria and Its Criminal Justice System.
The charges allege that Farotimi’s statements were aimed at intimidating and maligning Afe Babalola.
He is also charged for publicising details of legal actions taken against him during a press conference on December 2, 2024.
Farotimi was initially arraigned during week with 16 charges bordering on alleged cybercrime.
The police on Friday declared as “unacceptable” any form of unlawful gathering, demonstration or protest in Ekiti State.
Ekiti State Commissioner of Police, Mr Akinwale Adeniran, gave the declaration in a statement he personally signed, but issued by the command’s Police Public Relations Officer (PPRO), Mr Sunday Abutu, in Ado-Ekiti.
The police declared ‘any form of gathering unlawful’ ahead of December 10 protest being spearheaded by activist Omoyele Sowore against the detention of lawyer Dele Farotimi in Ekiti State.
Sowore had in series of post on social media called for protests in Lagos, Ekiti and Kings College, London over the arrest of Farotimi.
But the Ekiti State Police Command in the statement issued yesterday said the protest would not be allowed, stressing the need to sustain the peaceful atmosphere and ensure safety of lives and property of the citizenry.
“Parents and guardians are, therefore, implored to advise their wards to shun any act that is inimical to the peace and security of the state, as anyone who runs foul of this directive will be dealt with in accordance with the law,” he said.
The Commissioner of Police in Ekiti said: “Intelligence report available has it that some unscrupulous individuals have plans to hide under the guise of protest to unleash mayhem and create apprehension in the state.
“Parents and guardians are, therefore, implored to advise their wards to shun any act that is inimical to the peace and security of the state, as anyone who runs foul of this directive will be dealt with in accordance with the law.”
The Commissioner also assured residents of the state of adequate security before, during and after the yuletide.
Adeniran also sought for more support, collaboration and obedience to law and order by the people of the state.
“Ekiti State Police Command wishes to appreciate all the residents and good people of Ekiti State for their support, cooperation and collaboration all through this year 2024.
“These have assisted tremendously in nipping crime in the bud and enhancing the peaceful atmosphere currently being enjoyed in the state,” he said.
Adeniran said the command had also placed a ban on the sale and use of fireworks, knockouts and firecrackers in the state.
According to him, the items are capable of causing security threat, distractions, unnecessary apprehension and health-related issues.
He also stated that the use of fireworks could create panic and confusion, as it could be difficult to differentiate their sounds from that of the real gunshot.
The police commissioner enjoined residents to be security conscious and promptly report any untoward incident or observation that might be inimical to the peace and security of the state to the nearest police station or call 08062335577.
