The Yoruba socio-political group, Afenifere, has strongly condemned the detention of human rights lawyer, Dele Farotimi, calling it a violation of his constitutionally protected rights.
In a statement released on Thursday, Afenifere expressed its outrage over the decision of a Magistrate Court to deny Farotimi bail despite his not guilty plea to a 16-count defamation charge.
Farotimi, a seasoned legal practitioner, was arrested by the Ekiti State Police Command and brought before a court in Ado Ekiti. The charges stemmed from his book, Nigeria and its Criminal Justice System, in which he accuses prominent lawyer Aare Afe Babalola (SAN) of compromising the Supreme Court.
Afenifere’s Deputy Leader, Oba Oladipo Olaitan, and National Publicity Secretary, Prince Justice Faloye, said in the statement that Farotimi’s detention reflects incompetence in the Nigerian judicial process and called the case a clear example of the police and judiciary overstepping their bounds.
The group also criticised the Magistrate Court’s decision to remand Farotimi in custody, especially given that defamation is a bailable offence under Nigerian law.
“It is laughable that a bailable offence like defamation has led to the detention of an innocent man,” said Olaitan. “This is not only a breach of his rights but also an affront to the principles of justice.”
Afenifere went further to denounce the rationale for choosing Ado Ekiti as the trial venue, where Farotimi’s book has been read widely, including in the town itself.
“Such reasoning reflects either undue influence or incompetence in the judicial process,” said Faloye. “The judiciary, which is the subject of Farotimi’s book, risks putting itself on trial before the world through this insensitive decision.”
The group referenced the Supreme Court’s 2022 ruling in Aviomoh v Commissioner of Police to argue that criminal penalties for defamation were excessive and disproportionate. The Supreme Court had ruled that civil law provides sufficient remedies for those wronged by defamatory statements, making criminal convictions for defamation unnecessary.
“Punishing defamation with criminal conviction and imprisonment is not only excessive but unjust,” Afenifere’s statement read. “The legal system provides for civil remedies, which are more appropriate for such cases.”
Afenifere, known for its advocacy of democratic principles and human rights, also reminded the Nigerian authorities that Farotimi, as a legal professional with 25 years of experience, is presumed innocent until proven guilty, as enshrined in the Nigerian Constitution.
“This is not the first time Farotimi has been involved in legal battles over professional matters, which now appear to have been documented in his book,” the statement continued. “It is clear that this is an attempt at persecution rather than a legitimate legal process.”
The group warned the police and judiciary against abusing their powers and interfering in matters that should be resolved in civil courts.
“It is critical that the police cease persecuting Farotimi and allow the civil courts to resolve this matter,” said Olaitan. “Justice must not only be served but seen to be done.”
Afenifere also urged for Farotimi’s immediate release on bail, highlighting that his constitutional right to liberty should not be violated. The group suggested that the trial be moved to Lagos, where the book was authored and published, to ensure a fair and impartial trial.
“We believe that the trial should be moved to Lagos, where the book was published,” Faloye said. “This would be in line with the principles of justice and fairness.”
In their statement, Afenifere stressed that the Nigerian authorities must respect the rule of law and ensure that Farotimi’s rights are upheld.
“The Nigerian police and judiciary must ensure that Dele Farotimi’s constitutional rights are protected,” the statement concluded. “We call on the authorities to adhere to due process and stop violating democratic principles.”
The case has sparked a wave of concern and debate among Nigerian citizens, human rights activists, and legal professionals, many of whom view Farotimi’s detention as an overreach by the police and judiciary.
Farotimi’s book, which critically examines Nigeria’s criminal justice system, has attracted attention both locally and internationally. The book’s allegations against Afe Babalola, a highly respected lawyer and senior advocate of Nigeria (SAN), have added fuel to the controversy surrounding the case.
Human rights advocates have condemned Farotimi’s arrest as politically motivated, with some suggesting that the charges are an attempt to silence criticism of Nigeria’s judicial system.
“This is a clear case of intimidation and an attempt to stifle free speech,” said Femi Falana, a prominent human rights lawyer. “Dele Farotimi should never have been arrested or detained for simply expressing his views in a book.”
