By Festus Ogun, Esq
Human Rights Lawyer, author and activist, Dele Farotimi was yesterday arraigned before an Ekiti Chief Magistrates Court over a charge of alleged defamation of character, at the behest of Chief Afe Babalola, and Farotimi was subsequently remanded by the presiding Magistrate, Abayomi Adeosun, pending the hearing of Farotimi’s bail application. Everything is wrong with Farotimi’s arrest and remand.
First, the arrest of Farotimi was wrongful and constitutes a gross violation of his fundamental rights guaranteed by the Constitution. As you are aware, in the recent past, Farotimi has honoured not less than two Police invitations in Lagos over allegations of criminal libel and has been released on bail on self-recognizance. Now, what could be the justification for the callous abduction of Farotimi on Tuesday by Policemen from Ekiti State Command? Considering that the disputed book was published and launched in Lagos and Farotimi is resident in Lagos, why should the freedom fighter be arrested and whisked to face trial in Ekiti State? While the choice of place of arraignment is a subject of legal debate, I hold the considered view that the insistence on prosecuting Farotimi in Ekiti is suspicious and represents a clear case of forum shopping – an abuse of judicial process.
Now, assuming without conceding that the Police from Ekiti State Command could effect Farotimi’s arrest in Lagos so that he can rightly have his day before an Ekiti court, can the mode of his arrest be justified? As far as I know, Farotimi is a public figure and a widely respected intellectual. A simple formal invitation to him would have saved the police from all the embarrassment it has caused the country. However, no official invitation was extended to him, even when his office address is public knowledge. Against what is expected of a police force, the men of the Ekiti Command invaded the law Firm of Farotimi in Lekki Lagos, tortured and brutalized his staff, seized the phones of all occupant of the building including all lawyers, damaged properties and violently arrested Farotimi in the most dehumanizing manner – even when none of the staff at his office resisted his arrest or obstructed police duties.
Thereafter, Farotimi was bundled into a police vehicle and violently driven to Ekiti like a common criminal. I am aware that Farotimi arrived in Ekiti in the dead of the night. All through the torturous journey, Farotimi was denied access to his lawyers and family members, food and drugs for his health. All of these were done against clear provisions of the Constitution with the intention of breaking his resolute spirit.
Look, should there have been an arrest in the first place over an alleged case of defamation? I do not think so. Defamation is a private affair that should be settled in civil court between parties. I do not believe state resources should be expended on prosecuting a case of libel against the person of another. In support of my modest position, Chief Afe Babalola, SAN in an article titled “When False Publication May Amount to Criminal Libel” published via https://www.abuad. edu.ng/when-false-publications-may-amount-to-criminal-libel/#:~:text=A%20permanent%20publication%2C%20printed%20or,object%20will%20qualify%20as%20libel stated as follows: “As noted, personal squabbles between individuals should not find their way into the criminal docket of any court. Thus, the Police should not lend themselves to an abuse of the judicial system…”. Chief Afe further argued that the proper step that whosoever feels defamed should take is “to put forward its own narrative regarding the subject of the publication”. Chief Afe cannot be more correct. It is, therefore, quite interesting to note that Chief Afe is the nominal complainant in Farotimi’s libel trial at a criminal court.
Moving to the issue of arraignment and remand, I am honestly afraid like many other Nigerians that Farotimi may not be afforded fair trial. As a minister in the temple of justice, I say this with all sense of responsibility. To start with, Farotimi was charged to court barely a few hours after he was sandwiched to Ekiti. Could it be that the Police did not spend time to conduct proper investigation whatsoever? I read in the papers that Adeniran Akinwale, Ekiti State Commissioner of Police, stated that the allegations were “fully established”, at a time when Farotimi had not arrived in Ekiti? To my mind, the Police had taken a stand with the accuser prior to Farotimi’s arrest and did not bother to conduct any thorough investigation upon the arrest of the accused. What a Police Farce!
Upon arriving at Ekiti, the Police filed a charge at Ado Ekiti Chief Magistrates Court on Wednesday morning. Almost immediately, the charge was assigned to a Magistrate and arraignment commenced pronto. Farotimi pleaded not guilty to the charges. Curiously, his oral bail application was refused by the trial magistrate. The magistrate insisted on a formal (written) bail application, against regular and conventional procedure at magistrates’ court. I am tempted to ask, what is the legal justification for the learned magistrate’s insistence on a formal bail application?
For the avoidance of doubts, the charges levelled against Farotimi are bailable under the law and magistrates court are courts of summary jurisdiction; a court that operates with little or no formality. In my few years of active legal practice, I have not seen any instance where a magistrate court requires formal application for bail of defendants standing trial. In fact, a Magistrates Court can take a defendant’s plea, conclude trial and deliver judgment in a day – if the circumstances so permits. It is not the practice and law for formal bail application to be filed in a case before a court of summary jurisdiction. Why was this required in Farotimi’s case? Even if Farotimi did not orally apply for bail or where Farotimi is not represented by a legal counsel, the magistrate court is bound to suo motu grant him bail.
The refusal of an oral bail application for Farotimi under very debatable circumstances may support the position of those who feel that he is unlikely to get a fair trial in Ekiti. I firmly believe that Farotimi is no longer the one on trial. The judicial system in Ekiti must demonstrate its impartiality by ensuring that justice is not only done but must be manifestly seen to have been done to all parties.
The verdict of history beckons.
Festus Ogun is a human rights lawyer and Managing Partner at FOLEGAL, Lagos. festusogunlaw@gmail.com