For truce in the ongoing criminal defamation matter, Aare Afe Babalola (SAN) might have given conditions to Dele Farotimi, it was learnt yesterday.
The police are prosecuting Farotimi, a Lagos lawyer in Ado-Ekiti, following a petition by Chief Babalola, who alleged criminal defamation of his character in the book: Nigeria and its Criminal Justice System, written and published by Farotimi.
Farotimi is before a Magistrate’s court and the Federal High Court both in Ado Ekiti for criminal defamation and cybercrime respectively.
Presidential candidate of the Labour Party (LP) in the 2023 election Peter Obi, accompanied by the Southwest Coordinator of his campaign in that election, Mr. Sola Ebiseni, visited Chief Babalola in Ado-Ekiti on Monday over Farotimi’s ordeal. The duo also visited Farotimi where he is kept in Ado-Ekiti prison.
Sources said yesterday that during the two-hour meeting between Obi and Chief Babalola, the legal giant reportedly gave the conditions.
The conditions are for Farotimi to retract his not guilty plea and thereafter publish the rebuttal in major newspapers.
It was gathered that before Obi’s visit, former President Olusegun Obasanjo and Catholic Bishop of Sokoto Diocese Matthew Hassan Kukah had reached out to Chief Babalola on the issue.
But on Monday, he was arraigned before the Federal High Court on cybercrime and subsequently granted bail for N50 million.
Yesterday, when he returned to the Magistrate’s court, the remand order was extended till December 20.
Babalola was said to have told Obi to ask Farotimi to plead guilty to the criminal defamatory charge, failing which he must prove his allegation against him.
“Baba Afe told Obi that he (Babalola) has nothing to gain by Farotimi’s incarceration. If he says the allegations are false and offers apology in some newspapers, then, the case can be withdrawn,” a source said.
The source added that, Farotimi, who reportedly told Obi that he did not invite anybody to plead on his behalf, demanded that the case against him be withdrawn first as pre-condition for his apology.
Another source confirmed that the Monday’s visit of Obi and Ebiseni to Babalola was not at Farotimi’s behest but an Obi initiative.
The source said Obi took the step to identify with a member of his presidential campaign team who is in trouble.
It was learnt that Obi requested Ebiseni to accompany him to see Babalola.
The source, who also confirmed the interest already shown by Obasanjo and Kukah in the matter, said he believed it would be resolved.
Farotimi will remain in prison custody till December 20 when Magistrate Adeosun will rule on his bail application.
Babalola had petitioned the Police over aspects of the 104-page book he considered as defaming him.
Farotimi, however, pleaded not guilty to the 16-count charge preferred against him by the Police.
At the resumed hearing yesterday, Police prosecuting counsel, Samson Osobu, opposed the appearance of a Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, for the defendant.
Osobu told the court that the SAN, Olumide-Fusika, under the law, cannot appear before a magistrate’s court.
He cited a July 16, 2024 judgment of a Court of Appeal in Ibadan, Oyo State, to buttress his position.
But in his submission, Olumide-Fusika explained that the Ekiti State magistrate court law allows lawyers, irrespective of status and title, to appear in magistrate’scourt, especially in criminal matters.
The senior advocate urged the court to reject the argument by the prosecuting lawyer, noting that the verdict he cited might not have put into considerations all magistrate court laws across the country.
The magistrate said he would step down his ruling in order to read the judgment cited by the prosecutor.
He, however, asked Olumide-Fusika to step down and allow the most senior lawyer in the defendant’s team to continue the case.
A member of the defence team, Taiwo Adedeji, continued the case on behalf of Farotimi.
The court then adjourned the case till December 20.
The court room and the premises were filled to capacity with crowds, many of them taking sides.
There was even a clash outside the court by supporters of the lawyer standing trial and those against him. (The Nation, but headline rejigged)
