By Gbenga Sodeinde in Ado Ekiti
Legal Icon and Elder statesman, Afe Babalola (SAN) has revealed more on what Nigerians should know about his defamation case against the popular rights activist, also a lawyer, Dele Farotimi.
Afe Babalola particularly pointed out that there are too huge and destructive, such that they can not be remedied by any award of damages Farotimi’s book, titled , “Nigeria and it’s criminal justice system”,
The former Pro-Chancellor of University of Lagos, and founder of Afe Babalola University Ado-Ekiti (ABUAD), made this known on Friday at a crowded press conference, held at the Afe Babalola Bar Centre, situated within the Ekiti judiciary headquarters, in Ado Ekiti, Ekiti state capital.
At a press conference, which was addressed on his behalf, by the trio of Mr Owoseeni Ajayi, (SAN), his lead counsel, who was former Justice Commissioner in Ekiti, and former chairman of NBA; Mr Olasunkanmi Falade, also former NBA Chairman in the state, and Mr Lawrence Fasanmi, another former NBA Chairman.
According to him, ” Attention has been drawn to the various misleading publications, particularly in the social media, about the on-going matter between the Nigerian Police, and one Mr. Dele Farotimi over his recent publication, titled “Nigeria and its Criminal Justice System”.
“Ordinarily, we would have kept quite, 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.
There is a dictum in law to wit: “Audi Altarem Partem” which means the need to hear the other side. The Yorubas believe so much in this dictum, that they have a proverb that says “A gbo ejo enikan da, agba osika ni” literarily translating to mean that anyone who judges by the report of just one party, is the most wicked. I have found this proverb to be true”.
He said, “Not long ago, many people on different social media platforms hailed Afe Babalola for speaking truth to power, like he always does in the interest of our beloved nation.
“However, today, the same Afe Babalola and his family, have been ferociously attacked on the internet, because of the one- sided report, by Mr. Dele Farotimi”.
Babalola, while reeling out the genesis of Farotimi’s actions, said it started with a case, in SUIT NO: SC/146/2005: MAJOR MURITALA GBADAMOSI ELETU & ORS V. H.R.H OBA TIJANI AKINLOYE & ORS (2013) 15 NWLR PART 1378
“In the circumstance, ” 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″, he said.
Continuing, he said, ” 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”.
He added, saying, ” 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”.
“The Supreme Court also held that a court of law should not allow itself to be used as an engine for the perpetration of fraud, in whatever guise”.
” The Judgment of the court is in public domain.By this judgement, the Supreme Court, recognised the sale of land to the Gbadamosi Eletu family”.
He went further to say, ” You will recall that 254 hectares
were sold to the Gbadamosi Eletu family. 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 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”.
According to him,
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, later 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”.
While recalling the offensive publications under reference, as contained in Farotimi’s book, Babalola quoted him as flagrantly saying, “That Afe Babalola corrupted the Supreme Court, to procure a fraudulent judgement in the service of his client.
“That Lawal Pedro,(SAN), at the material time, the Solicitor-General of Lagos State, also corrupted himself, abandoned the interest of the State, its citizens and any pretense to decency, and became the undisclosed attorney to the Eletu family, thus betraying the public trust.
“That 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 the Court to swim in the sewer of corruption and shameful self-Abnegation.
“That i have seen enough by the end of September 2013 to be convinced that there was a high-level conspiracy involving elements in the Supreme Court, the Lagos Judiciary, Afe Babalola and his crew and with the Eletus as co-beneficiaries.
“That the Supreme Court, in a most shameless manner, sat a second time on the same matter, and established the facts of the incompetence or corruption of each and every member of those who were involved with the Gbadamosi Eletu case, and this was the point where i realised that the Nigerian judiciary was hopelessly lost, from top to bottom.”
Babalola emphasised that, ” Clearly, all these assertions by Dele Farotimi, in his said book, runs foul of Section 59 of the CRIMINAL CODE ACT, which talks about “Publication of false news, with intent to cause fear and alarm in the public”.
“Subsection (1) states that: Äny person, who publishes or reproduces any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that statement, rumour or report to be false, shall be guilty of a misdemeanor and liable, on conviction, to imprisonment for three”.
“Also section 375 of the Criminal Code Act, states penalities on publication of defamatory matter, that, ” Subject to the provisions of this Chapter, any 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”.
He said, after reading Dele Farotimi’s book, the deductions from it was that he deliberately wrote the book, not because the Supreme Court is corrupt, as he suggested , but because he could not get judgement for his client in court.
In the light of the events that transpired, it is against every good conscience and moral ethics, to say this much about people without verifiable facts and proofs.
Babalola who has clocked 60 in the bar therefore submitted that what Farotimi wrote about him in the said book, could destroy what he had spent his entire life, building.
He said it was in view of the above, that he wrote a petition to the police Commissioner in Ekiti, humbly requesting that he used his good offices to intervene.
Afe Babalola also described the position of the NBA President in the matter as “misleading”
Recalled that the Nigerian Bar Association, NBA President Mazi Afam Osigwe had called for Farotimi’s release, urging law enforcement to respect legal boundaries and citizens’ rights
The NBA President who argued that libel is no longer a criminal offence in Lagos State, criticizing the police for detaining Dele Farotimi referenced the Criminal Law of Lagos State 2011 and a Supreme Court ruling affirming defamation is a civil, not criminal, matter.
But, Babalola said,” I would like to observe that the position of the NBA President on this matter is outrightly misleading. The case of Aviomoh v C.O.P. (2022) NWLR (pt. 1819) 69 is in fact an authority that defamation, is both tort and a crime. In the wisdom of the Ogunwumiju JSC, he stated on page 116 particularly at paragraph A as follows: My Lords, I need to re-emphasize that defamation is both a tort and a crime”.
He averred that the learned Justice of the Apex Court further stated that when the wrong occasioned by defamation cannot he adequately remedied by a civil action with the award of damages, same can be prosecuted under criminal law.
Babalola pointed out that the content of the book “Nigeria and its Criminal Justice System” contains defamatory remarks which appear to be aimed at tarnishing the reputation of Aare Afe Babalola, a preeminent legal luminary and the patriarch of Nigerian legal practice
He noted that in the foreword of the book, Dele Farotimi makes personal attacks that clearly seek to damage the character and standing of Aare Afe Babalola These include the following highly damaging assertions
. “It is my contention regarding this case: That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients.” (Page ix)
“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 self-abnegation.” (Page x)
“These statements suggest a deliberate attempt by Dele Farotimi to malign the reputation of Aare Afe Babalola and the esteemed law firm of Afe Babalola & Co.
“The accusations made are baseless, offensive, and not only lacking in truth, but also designed to cause irreparable harm to the standing and legacy of one of Nigeria’s foremost legal minds.These defamatory remarks made in the book cannot be remedied by the award of damages”.