December 06, 2024
By Samuel Ogunsona
The founder of Afe Babalola University Ado-Ekiti (ABUAD), Afe Babalola, has expressed his dismay over the alleged defamatory remarks made against him by rights activist and lawyer, Dele Farotimi, in his book, “Nigeria and its Criminal Justice System”.
Babalola lamented that the book has destroyed the reputation he has laboured to build over the years.
Speaking at a press conference held at the Afe Babalola Bar Centre in Ado-Ekiti, Babalola’s lead counsel, Owoseni Ajayi, stated that the destructive action cannot be remedied by an award of damages.
Ajayi noted that there are various misleading publications, particularly on social media, about the ongoing matter between the Nigerian Police and Dele Farotimi.
“Ordinarily, we would have kept quiet, since the matter is still in court. However, to prevent undiscerning members of the public from being misled by the obvious misrepresentations, it has become apposite for us to respond to same,” Ajayi said.
Ajayi emphasized the importance of hearing both sides of a story, citing the legal dictum “Audi Altarem Partem”, which means “hear the other side”.
He also referenced a Yoruba proverb, “A gbo ejo enikan da, agba osika ni,” which translates to “anyone who judges by the report of just one party is the most wicked”.
Babalola’s counsel noted that not long ago, many people on social media platforms hailed Babalola for speaking truth to power, “like he always does in the interest of our beloved nation.”
However, today, Babalola and his family have been ferociously attacked on the internet due to Farotimi’s one-sided report.
Ajayi stated that Babalola wrote a petition to the police commissioner in Ekiti State, requesting that he intervene in the matter.
“I wrote to request that Farotimi must show proof of the truthfulness of his publication, failing of which he should be prosecuted for criminal defamation, in accordance with the requirement of the extant laws of Nigeria,” Babalola’s counsel said.
Babalola’s petition also requested that Farotimi be stopped from further publishing any defamatory contents to attack his hard-earned reputation, the reputation of his law firm, and that of the Nigerian Judiciary.
Ajayi asked, “Or, is it wrong for Afe Babalola to seek justice for these false utterances against him? Should justice only be available to Mr. Dele Farotimi because Afe Babalola is a global icon?”
Babalola’s counsel emphasized that once Farotimi can show proof that his assertions in the book are true, he would be free.
However, until then, “the law allows free speech, but not one that is calculated to injure the good reputation of another.”
Ajayi urged Nigerians to verify and find out the truth before supporting a side, stating that all facts are verifiable.
He also observed that the position of the NBA President on this matter is “outrightly misleading”, citing the case of Aviomoh v C.O.P. (2022) NWLR (pt. 1819) 69, which states that defamation is both a tort and a crime.
Meanwhile, Dele Farotimi is currently facing fresh cybercrime charges filed against him by the Nigerian Police before a Federal High Court sitting in Ado-Ekiti.
