BY – EGUNGWU CHUKWUKA BENJAMIN
✓ Freedom Of Speech VS Defamation: Farotimi’s Arrest Ignites Firestorm
On Tuesday, December 3rd, National newspapers reported about the shocking arrest of renowned Nigerian legal partisioner and activist, Dele Farotimi by police officers from the Ekiti State Police Command. The officers traveled to Lagos to apprehend Farotimi, who was taken down to Ekiti state and held in custody until his court appearance.
According to reports, Farotimi was arrested and detained following a petition filed by Senior Advocate of Nigeria, Chief Afe Babalola. This triggered online chaos, as many condemned the arrest and referred to it as an abuse of power. It led to call for his release with the hashtag #FreeDeleFarotimiNow by netizens on X (formerly Twitter), and many notable individuals, including Mr. Femi Falana (SAN), the 2023 Labour Party’s presidential candidate Peter Obi, and non-profit associations like the Yoruba socio-cultural organization, Afenifere, the Nigerian Bar Association (NBA), and others.
This issue channeled the attention of the public to Farotimi’s book titled “Nigeria and its Criminal Justice System” which became one of Amazon bestselling book.
It was revealed that Farotimi was denied bail and held back in prison, as the police counsel, Samson Osobu, claimed that the bail application was not properly filed.
The above claim contradicted the rule by the Federal High Court in Ado-Ekiti, that granted him 50million naira bail on Monday, 9th December, with a surety of the same amount.
The court also ordered that the surety must possess a landed property, and adjourned the case to 29th January, 2025, for further hearing.
On December 11th, news broke that the Federal High Court in Abuja had issued a restraining order, banning the production and distribution of Farotimi’s book, and also authorized the seizure of existing copies. It was alleged that book in question contained defamatory statements about Afe Babalola.
Shockingly, it was reported that Afe Babalola’s law firm petitioned the Legal Practitioners Disciplinary Committee (LPDC) on Friday, December 13th, demanding that Dele Farotimi’s law license to be revoked, and his name removed from list of legal practitioners in the country. However, in a bold stance for free speech, LPDC rejected the petition.
On Friday, 20th December, 2024, in a post on X (formerly Twitter), Tanko Yunusa, spokesperson to Peter Obi during his presidential campaign, revealed that the 2023 Labour Party’s presidential candidate has offered to cover Dele Farotimi’s bail. He is very interested in the case to ensure that the issue is resolved in a fair and respectful manner.
Yunusa’s post reads: “I consulted His Excellency, Peter Obi, as the leader of the Obidient Movement. As a firm believer in the rule of law, due process, and order, he has offered to stand for Dele Farotimi’s bail.”
He continued, “Peter Obi’s concern is for the situation to be resolved in a manner that reflects fairness, justice, and respect for our legal system. He extended his heartfelt gratitude to everyone who has played a role in addressing this matter.” He wrote.
This development comes after a court in Ado-Ekiti granted Dele Farotimi a ₦30 million bail, subject to certain conditions: he must find two respected people in the community to stand for him, leave his international passport with the court, and refrain from talking to the media until the case is over.
I am not a legal practitioner, but I will approach this topic with caution as it appears to be a very sensitive the case. It seems Dele farotimi wasn’t wrong, looking at some inappropriate court judgements in Nigeria. In 2014, a very young man identified as, Segun Olowookere, was sentenced to death for stealing of fowl, which it was said he committed in 2010 when he was 17. He and his accomplice, were found guilty of multiple robberies, including stealing fowls and phones, as they were armed with cutlasses and a gun. Olowookere received a death sentence (life imprisonment) and three years imprisonment for the various charges.
We know that judgement differs by jurisdiction and we aware that life imprisonment is reserved for more serious crimes like murder, treason, rape of a minor etc.
In the ears/eyes of right thinking members of the society, the above judgement is very harsh, considering the young man’s age at the time of the crime (17 years). First thing that came into my mind was rehabilitation, instead of the harsh judgement pronounced on him.
Thank God for recent intervention of Osun state Governor, Ademola Adeleke who directed the Attorney General to intervene in the case to ensure the young man is granted prerogative of mercy.
It is very sad that we found ourselves in the society where the justice system favors the rich and powerful, while the poor are left to face the full wrath of the law.
I hope defamation lawsuits won’t be a weapon fashioned to silence critics, and also a means of stifling freedom speech in the country. I am not affirming hundred percent (100%) that what was written in the book by Farotimi was true, but I was expecting that things should be done in the right process starting from Farotimi’s arrest. Both parties involved are not just legal practitioners, but highly respected ones. All this power tussle and one trying to humiliate the other isn’t expected.
Defamation is a civil case and should be addressed in court, and not using the police as a tool of oppression, instead of protection.
This controversial event has raised the questions regarding the state of free speech in the country. The decision by LPDC to reject Afe Babalola’s petition to revoke Farotimi’s law license shows that the legal system is still abit active and will not be used to shutdown people’s voices, or punish those who try to challenge the wrong existing state of things.
As the case continues to unravel, we are all watching to see how the legal system will act on this controversial case. It is expected that the judiciary observe fairness, and ensure that rule of law isn’t trampled on.
✓ Lessons From The Recent Stampede Incident
This December, three tragic events took place in Nigeria, bringing pain and regret to the families affected. The tragic events occurred in Ibadan, the Oyo State Capital, Okija in Anambra State, and Abuja, the federal capital.
According to reports by national newspapers and online news outlets, on Wednesday, 18th December 2024, at least 32 to 35 people, mostly children, were confirmed dead in a stampede at a children’s fun fair (carnival) in Ibadan, Oyo State Capital. The carnival was organized by Women in Need Of Guidance and Support (a non-governmental organization), founded by Noami Silekunola (ex-wife of Ooni of Ife, Adeyeye Ogunwusi).
After this tragic event, on Tuesday, 24th December, it was reported that Yaganku Chief Magistrate Court in Ibadan remanded three persons, including the former queen and popular broadcaster, Oriyomi Hamzat, at the Agodi correctional center in Ibadan, due to the tragic event that occurred during the children’s party. The case was adjourned to 13th January, 2025, for further hearing.
Similarly, before the Ibadan stampede, it was reported on 21st December that ten people, including four children, were killed in a stampede in Abuja. According to reports, the incident took place when many people gathered to collect items shared at the Holy Trinity Catholic Church in Maitama, an upmarket part of Abuja.
This December, another stampede occurred in Okija, a community in Ihiala LGA of Anambra State. It was revealed that 22 people died during an event arranged by Obijackson Foundation, founded by Nigerian philanthropist and entrepreneur, Ernest Obijesi, with the intention of distributing rice to residents and bringing smiles to their faces.
All the above events were organized or planned with good intentions, but no one can predict what the next minute holds for every human. Unfortunately, the events that was meant to bring happiness, ended in disappointment.
I observed that some people were putting the blame on the government due to the rate of hunger and poverty in the country. Though it’s true that some government policies led to the economic crisis in the country, we should also acknowledge that in developed nations, people still gather for giveaways and palliatives, but the manner in which it is conducted should be studied.
Impatience and disorderliness are part of the attitude of many Nigerians. An average Nigerian is always in a rush to beat traffic, thereby failing to adhere to traffic rules. At ATMs and in bank hall queues, people struggle and argue over who came first and who will be attended to or withdraw next, creating a chaotic scene. Even after church dismissal (for churches With large members), you will witness people pushing others to find their way out. These are kind of things that might have led to the stampede ( Impatience and disorderliness).
While growing up, I was privileged to attend some children parties (fun fairs) hosted by media houses like NTA and ETV Enugu. These events were well-planned, with the presence of emergency response team ( Red Cross Society) and an ambulance on ground. Every school was given a canopy, making the place look more organized, and different security agencies were stationed on the ground, starting from the gate.
Instead of playing this blame game, let’s learn from these events and prioritize crowd safety first. Below are suggested ways to aid in sharing gifts to large public gatherings:
√ Adequate Planning: Proper planning is essential for a successful events. This includes coordination, organizing, budgeting, and hiring the services of people to assist.
√ Proper Communication: Clear communication between the event organizer and the attendees is very important to prevent chaos. When there is distortion in communication it might lead to disorderliness, as many people will be anxious to understand the message that was passed, so they won’t be left out.
√ Crowd Control Measures: Implementing crowd control measures such as barricades, fences, and gates can prevent stampedes. Providing an area for attendees/ beneficiaries and having security agencies manage the entry and exit points can also help. People will be issued numbers and called in using the numbers.
These recent tragic events should serve as a lesson, so we can see the importance of considering crowd safety first in any public gathering. As we commiserate with the families of the deceased, it is essential that we learn from these incidents, and take prophylactic measures to ensure similar incidents doesn’t repeat itself in the future.
Egungwu Chukwuka Benjamin is a freelance Journalist, who writes in from Lagos.
