A popular axiom holds that, "A person's freedom ends where another's begins." So, as criticism and condemnation of the arrest and arraignment of popular activist and lawyer, Mr Dele Farotimi, continues to mount, it is expedient to also state that elder statesman and legal luminary, Chief Afe Babalola, SAN, at the receiving end of Farotimi's action, deserves some protection also.
Farotimi had revealed the plot to arrest him early in the week at a news conference. And true to the alarm raised, he was arrested on Tuesday by men of the Nigeria Police Force from Ekiti State at his Lagos law firm and whisked to Ado-Ekiti, where he was then arraigned before a Magistrate Court the following day, on a 16 count charge bordering on defamation.
Trouble started for the radical lawyer and social critics when he had in his new book, 'Nigeria and Its Criminal Justice System', claimed that Babalola, "corrupted the Supreme Court to procure a fraudulent judgement in the services of his clients."
The allegation was said to have offended the senior lawyer and created a dent on his reputation and career built over several decades ago.
Babalola is not just a foremost senior advocate but one who has mentored several SANs as well as a guiding light for a majority of persons in the legal profession, be it in practice or academics, as he also owns one of the best Faculty of Law and fastest growing private university in the country.
Pained by the allegations of corrupting the apex court, the philanthropist and founder of Afe Babalola University, Ado-Ekiti, had petitioned the police, seeking the arrest, investigation and prosecution of Farotimi, for acts tantamount to defamation.
According to Section 375 of the Nigerian Criminal Code Act, a person who publishes any defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false, is liable to imprisonment for two years.
For a statement to be said to be defamatory, such a statement must be untrue and must also negatively affect the reputation of the person who has been allegedly defamed, in this instance, Babalola.
There is no gainsaying the fact that Nigeria's Judiciary, in recent past has lost a higher percentage of its reputation over perceived corruption and would further go down with such claims that a lawyer of a high standing like Babalola is an agent of corruption.
Such weighty allegations are easily believable, especially when they emanate from people like Farotimi, and as would be expected further destroy the image of the judiciary and by extension the household name of the legal giant, if established to be true.
The issue of corruption is not something a serious nation or people can take lightly because it does not only destroy the fabric of the society but the complete existence of the country, individual or group.
Hence, it is expected that before such allegations are made against any individual, people or country, there must be substantial or incontrovertible evidence of such.
Farotimi, is not a new wig that may be ignored for making such a strong allegation of corruption against another senior lawyer, neither would he be said to have spoken under the influence of something or was simply engaged in idle and unsubstantiated comments.
Although, some people think Farotimi may have an axe to grind after allegedly losing in a case against Babalola and as such cannot be an impartial arbiter in this instance.
Although many Nigerians and groups, including the Nigerian Bar Association (NBA), while condemning the role of the police in the arrest and arraignment of Farotimi, pointed out amongst others that the alleged offence of libel, for which Dele Farotimi was reportedly arrested, is not recognised as a criminal offence under the laws of Lagos State.
According to the NBA National President, Mazi Afam Osigwe, SAN, the Criminal Law of Lagos State 2011 repealed the criminalisation of defamation by omitting it from its provisions.
He explained that expulsion of the law was not only progressive but aligns with global best practices, because it treats defamation as a civil wrong rather than a criminal offence.
But, others disagree, pointing out that like anyone else, the senior citizen has the right to protect himself from libel and to clear his name. According to this group, the law allows Babalola to exercise his rights and seek legal redress in court, which he has done by filing a petition which the police have also acted upon.
While noting that defamation could either be civil or criminal, this group observed that a person who feels defamed can decide which course of remedial action to take depending on the level of punishment he/she wants to extract.
They further argued that defamation cases can be prosecuted anywhere outside the place of origin or where the offense is allegedly committed. According to them, a book where a person is defamed may be written or published in Lagos State as in the instant case but, that book written or published in Lagos is being read all over the world.
Furthermore, while they argued that the effect of the book can be on someone and a set of people in Ekiti, and other states of the federation, they submitted that because the book was published in Lagos was not enough to argue that the author cannot be arrested or prosecuted in Ekiti because Afe Babalola, who is a subject of defamation, lives in Ado Ekiti.
The effect of the defamation is on him in Ekiti, his family, businesses, associates, and friends all over the world.
Following the filing and subsequent arraignment on Wednesday, it is expected that the defendant would now go back and put together his evidence to substantiate the claim that Afe Babalola indeed corrupted justices of the Supreme Court.
This, no doubt, would either enhance his reputation or restore that of the legal luminary which is at the verge of being destroyed over alleged corruption allegations.
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According to the charge, the defendant was alleged to have "sometime in 2024 authored, published and circulated your book titled: "Nigeria and its Criminal Justice System" which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you stated at page EX of the book:
"That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgement in the service of his clients" which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the statements is false and thereby committed an offence contrary to and punishable under Section 59(1) of Criminal Code Act.
He was also alleged to have "sometime in 2024 authored, published and circulated your book titled: "Nigeria and its Criminal Justice System" which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District wherein you stated at page X:
"That Aare Afe Babalola, Olu Daramola, Olu Faro and the law offices of Afe Babalola & Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got that Court to swim in the sewer of corruption and shameful selfabnegation" which is likely to Cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the Statements is false and thereby committed an offence contrary to and punishable under Section 59(1) of Criminal Code Act.
