There Is Nothing Exceptional In Dele Farotimi’s Case – Ex-AG Ekiti State, Ajayi

Former Attorney General of Ekiti State, Owoseni Ajayi, has said the arrest and prosecution of human rights lawyer, Dele Farotimi was in line with legal procedure.

Ajayi, who is the Lead Counsel to Afe Babalola (SAN), in the alleged defamation case against Farotimi, said the voices and opinions garnered by the case were a result of the individuals involved.

In an interview with News Central, Ajayi noted that the book ‘Nigeria and Its Criminal Justice System’ was read in Ekiti by the person who claimed he was defamed; stating that that was enough ground to prosecute the case in Ekiti.

“Let me be very clear, this is not an exceptional situation. It is likely due to the individuals involved. Chief Afe Babalola is a national hero who has risen from obscurity to become a great man.

“Dele Forotimi has been active in human rights activism. He is already known, and therefore, because these two personalities are involved: a human rights activist, a lawyer, who is perceived to be defending the masses, who is perceived to be the young man who is oppressed by a big man, but that is not the case,” he said.

Babalola’s counsel argued that the defamation allegation against Farotimi was a criminal defamation. He said the decision of the person who claimed he was defamed to file a criminal complaint to the police was in line with the law.

Addressing the arrest of the human rights lawyer in Lagos by Ekiti Police Command, he explained that Chief Babalola wrote to the Police.

“This is a case of criminal defamation, which is protected by our legal system. In cases of defamation, whether through publication or libelous publication, the victim has two options: he can file a civil lawsuit to recover damages from the person who left him, or he can choose to file a criminal complaint and ask the police to question the person who libeled him.

“Since Section 53 of the Criminal Code is regarded as a criminal offence, one who has been the victim of such a publication can write to the police to have the defamatory publication investigated. The police will then invite the alleged perpetrator to appear in court,” he stated.

He continued, “If the individual responded by phone, he could come to the police station to explain himself or offer an apology, but if he doesn’t answer the phone or any other way, police will try to find the source of the issue by obtaining an arrest warrant.

“A bench warrant is when you are already in court and you violate bail; you will be produced in court. A warrant of arrest is different from a bench warrant; it is to ensure that someone who has been accused of committing a crime through a petition is brought to the police station to come and explain himself.

“However, in this case, the warrant for Dele Farotimi’s arrest was based on the petition that Chief Are Babalola wrote to the Ekiti State Commissioner of Police.”

The former Attorney General maintained that Afe Babalola did nothing wrong by preferring to prosecute his case in Ekiti State.

“Libel is an international case. It has become a worldwide case when you publish as Farotimi did in his book. It is actionable wherever that material is read. In Ekiti State, many people read this libellous publication from the book of Farotimi. Chief Babalola read it in Ekiti State, where he is stationed

“This implies that anyone who is thought to have committed a crime could be taken into custody anywhere. When you are arrested, it does not imply that you must be tried or looked into,” he added.