A lawyer, Fred Nzeakor, has submitted that the alleged defamation case between rights activist, Dele Farotimi and legal icon, Afe Babalola, has divided Nigeria into two.
He submitted that on one side are the conservatives who are sympathetic to Babalola and the radicals who are not sympathetic to anybody other than the fact that they want a better Nigeria.
The lawyer also indicated that the legal tussle has deeper implications for Nigeria’s judiciary and the country’s efforts at attracting foreign investors.
Nzeakor made his submissions on Wednesday during an interview appearance with Arise News.
“This is a long journey, both for Mr. Farotimi and Chief Afe Babalola, and a very long journey for Nigeria as a country because the issue has divided Nigeria into two,” Nzeakor said.
“On one side, you have the conservatives who are sympathetic to Chief Afe Babalola on the grounds that they feel his 61 years of service is about to be ditched into a mould of infirmity.
“On the other hand, you have the radicals who are not sympathetic to anybody other than the fact that they want a better Nigeria.
“They feel that anytime is good enough for such a better Nigeria to be birthed. If this would bring much-needed sanity to our system, especially at the judicial level, so be it,” he added.
Nzeakor expressed concerns about the message the court case would be sending to the international community and potential investors about Nigeria and the ability of the judiciary to deliver justice.
“It is very unfortunate, because anyhow you look at it, perception is very important. How are Nigerian people soaking in all of this, and how are members of the international community soaking it in?” he asked.
“We are running around trying to bring in investors, but what signal are we giving to the investors we are asking to come and invest in Nigeria?
“We keep saying that one of the critical challenges we have is that investors want to see a viable judicial system. If there are disagreements, how are those disagreements resolved? Can you trust your judiciary to deliver justice?”
The lawyer however questioned the way the case is been handled by the Magistrate court, suggesting some form of outside influence.
“How well is a matter of personal opinion. The magistrate cannot, with all honesty, say that he is acting out of his own self-will.
“He cannot, because if he does, there is no reason why he will not give him bail, let him perfect his bail conditions, and then come to answer for all issues.”
“The issue of whether it’s a criminal defamation or not, and whether it exists in Ekiti or not, is yet to be fine-tuned. If you secure an order against the publication and production of the book in Nigeria—that is Nigeria’s law—will Amazon now honour the request of a Nigerian court? Or are you going to enrol that order from Africa or wherever Amazon is based?” he queried.
Nzeakor further described the current situation as very dicey even as Nigerians expect a final outcome in the coming days.
“Are you going to tell those whose integrity was castigated not to go on, or are you going to look at the overriding public interest?” he asked.
Henzodaily reports Farotimi was arrested last Tuesday by the Ekiti State Police Command over allegations of defamation and cyberbullying. The charges stem from accusations that he spread false information against Afe Babalola, a renowned legal luminary.
Farotimi’s arraignment stems from allegations of defamation against Afe Babalola (SAN) in his book, “Nigeria and its Criminal Justice System,” where he accused Babalola of corrupting Supreme Court judges.