By Nelson Ekunumi
Following the arrest of Mr. Dele Farotimi by men of the Nigeria Police Force Ekiti State command over a petition of criminal libel against him by elder statesman and nonagenarian Chief Afe Babalola, the matter has continued to be a topical discourse among Nigerians across all divide and beyond our shores, voicing their opinions either for or against the arrest and the matter.
While it is natural and commendable for Nigerians to continue to exercise the right to hold opinion and freedom of expression as enshrined in our constitution which is the grundnorm in our democracy, it is important for us to examine the issues in detail in order to be well guided and not be railroaded into mobism on the basis of emotions and sentiments, but rather be discerning on the basis of facts, evidence, logic, rationality and the provisions of the law.
One has seen some persons condemn the police over the manner of the arrest on the basis of the narrations of the staffs of the chamber of the said Dele Farotimi. Some have even gone further to argue that it was illegal for the police to have involved itself in a case of libel which to them is purely a civil matter between two parties. Another school of thought also opined that the said book which is subject of the criminal libel suit by Afe Babalola, was published in Lagos and that Ekiti State where Afe Babalola resides and petitioned is outside the court jurisdiction to institute a suit against the book and the author.
Unfortunately, some of the commentators have also taken it upon themselves to impersonate to be the Nigeria Police Force spokesperson office, by claiming that the police officers who came from Ekiti State to arrest Dele Farotimi in Lagos, didn’t log their execution with the relevant police formations in Lagos and so, the arrest was illegal. Some have also claimed that the arrest of Dele Farotimi for criminal libel and cyber bullying as instituted at the magistrate court in Ekiti State, was not an arrest but an abduction or kidnap.
First and foremost, it is a well known fact in our law that libel can both be a civil or criminal matter depending on the claimant except for just two States who have decriminalized libel. So the notion that libel is only a civil matter is totally incorrect and is just a smokescreen to confuse and whip up unnecessary public sentiments.
Secondly, the arrest of Dele Farotimi by men of the Nigeria Police Force Ekiti State command was in total compliance with the rule of law as the suspect was arrested based on a lawful bench warrant issued against him by the court in Ado Ekiti for failing to honour court summons. Even the Dele Farotimi in one of his several videos which has gone viral confirmed knowledge of the case against him in the court in Ado Ekiti, but because he felt he was bigger than the law, he made all sorts of insinuations against the police and the court and said, they know his address and know where to find him. By his video which is in the public domain, Dele Farotimi dared the court to come and arrest him, and since the court cannot arrest him, but can give an order to that effect which it did and must be carried out by the police as prescribed by law, the Nigeria Police Force Ekiti State command, was only performing it’s functions in line with the provisions of the constitution of the Federal Republic of Nigeria.
Moreover Dele Farotimi is a lawyer and a member of the Nigeria Bar Association (NBA) if am correct, therefore, if he or his supporters feel that his right and or that of his staffs were assaulted or violated in the course of his lawful arrest, please let him feel free to approach the court for remedy.
Thirdly, the book in question is an intellectual property for which the effect even extends beyond the shores of Nigeria because it can be read both physical through hard copy or online anywhere in the world. The issue of jurisdiction of the court in Ekiti State over the matter is another futile attempt by agents of mischief which should be condemned and rejected in it’s totality.
Fourthly, to those who are impersonating to be the spokesperson of the Nigeria Police Force by claiming that the policemen who came from Ekiti State command to effect the lawful arrest of Dele Farotimi, that it was done without the necessary logging or documentation with the relevant police formations in Lagos. Please what right or authority do you have to speak for the Nigeria Police Force when you are not enlisted in the force and not authorized to speak on it’s behalf? Moreover, how did you come about your ludicrous claim? Please, since you want to impersonate as the spokesperson for the Nigeria Police Force, be bold enough to bring out your evidence to corroborate your lie and misinformation, we dare you?
Another school of thought who are erroneously trying to portray Dele Farotimi as a prisoner of conscience over his book which is a subject of criminal libel, have also gone to town saying that Dele Farotimi represents the Gen Z who have no respect for process, law and order as could be seen from their protests of insurrection and destruction epitomized in the 2020 EndSARS and the 2024 failed and unpopular #Endbadgovernance protests of treason. The question we have for such people is that, apart from the raping of women, looting, stealing, vandalisation of private and public properties, attack and burning of trucks, cars, banks premises, ATM’s, palaces, media houses, correctional centres to free inmates and on police formations to free inmates, kill policemen and steal arms and ammunition, what did the society benefit from the orgy of violence other than tears, blood and sorrow?
For the information of this agents of destabilization, this society like every other in this 21st century is governed by laws and we can only make progress if there is peace, law and order. Even those who want to ventilate their grievances through protest, which is a fundamental and constitutional right, will not have that luxury if the society degenerates into the Hobbesian state of nature in which might and not the law is right.
Though one has not read the book in full, except for excerpts gleaned from the petition of Chief Afe Babalola to the Commissioner of Police, Nigeria Police Force, Ekiti State command and listened to some of the videos of Dele Farotimi which captured the contents of the book in question, one can rightly assert that by the content of the book and the author apart from being the subject of a criminal libel suit, has also made some damaging criminal allegations against the judiciary and Chief Afe Babalola which must be investigated by the Nigeria Police Force and prosecuted according to law.
Dele Farotimi in his book has not only alledged that Chief Afe Babalola corrupted the Supreme Court justices, he also alledged that in the procurement of a warrant to enforce the judgement of the court, that Chief Afe Babalola doctored the Supreme Court judgement which is a criminal offence.
By alledging that the Supreme Court justices were corrupted to give judgement on a matter involving him and the claimant Chief Afe Babalola, the author has openly revealed that the justices of the Supreme Court desecrated their oath and violated the constitution which is a criminal act and as such, he must be made to provide proofs to substantiate his allegations or else be charged to court for false information with the intention to ridicule the judiciary and incite public disorder against the Nigerian State.
While we expect legal fireworks to begin on the case in court in Ado Ekiti soon, please let it be on record that the Nigeria Police Force are duty bound to urgently investigate the author and his book over his allegations of corruption against the Justices of the Supreme Court and Chief Afe Babalola, he must be made to provide proofs to substantiate his allegations of corruption or be held liable and prosecuted for the attempt to bring the Nigerian judiciary to public opprobrium and incitement of public disorder against the Nigerian people and government, this is our urgent demand.
Thank you.
Yours Sincerely,
Nelson Ekujumi,
Rights and Good Governance Advocate
