By Okafor Joseph Afam, December 4, 2024

The Magistrate Court in Ado-Ekiti has denied bail to prominent human rights lawyer and activist, Dele Farotimi, ordering his remand in custody over allegations of cybercrime and criminal defamation.

The case, identified by charge suit number MAD/1,476.C/2024, is between the Ekiti State Commissioner of Police, acting as the complainant, and Farotimi as the defendant.

Farotimi’s legal troubles began following a petition filed by legal icon Chief Afe Babalola (SAN). The charges are primarily linked to statements made in Farotimi’s book titled “Nigeria and its Criminal Justice System”, which has sparked nationwide debate over the balance between freedom of expression and defamation laws.

Charges Against Farotimi

The prosecution alleges that Farotimi’s book contains multiple defamatory and false claims against Chief Afe Babalola and his legal team. One of the contentious excerpts cited in court reads:

“That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients.”

The prosecution claims the statement, among others, was likely to incite public fear, alarm, and disturb peace, thereby contravening Section 59(1) of the Criminal Code Act.

Farotimi is also accused of defaming Babalola and his firm, Afe Babalola & Co, by alleging in his book that they engaged in corrupt practices, compromising the integrity of the Supreme Court. This, the prosecution argues, is an offence under Sections 373 and 375 of the Criminal Code Act, punishable by imprisonment.

Court Proceedings

During the hearing, Farotimi’s legal counsel argued for bail on the grounds of his reputation as a respected advocate for justice and his willingness to cooperate with the court. However, the prosecution opposed the application, asserting that Farotimi’s statements had caused significant reputational damage and were designed to undermine public trust in the judiciary.

Magistrate Kehinde Adeyanju ruled in favor of the prosecution, denying bail and remanding Farotimi in custody. The court emphasized the seriousness of the charges and scheduled the next hearing for December 18, 2024.

Public Reactions

Farotimi’s arrest and detention have drawn mixed reactions across Nigeria. Human rights groups have condemned the decision, calling it an attack on free speech and the right to critique public institutions. Meanwhile, supporters of Chief Afe Babalola have lauded the legal action as a necessary step to protect reputations and uphold the rule of law.

What’s Next?

Farotimi is expected to challenge the court’s decision to deny bail at a higher judicial level, while the charges against him will likely set a precedent for how allegations of cybercrime and defamation are prosecuted in Nigeria.

As this case unfolds, it raises critical questions about the limits of free speech in a democratic society and the implications for Nigeria’s justice system.