A Senior Advocate Of Nigeria (SAN), Babatunde Ogala, has rubbished insinuations that Afe Babalola (SAN) is acting a script by President Bola Tinubu against those who opposed his presidential bid in 2023.
Ogala submitted that it is insulting and ridiculous to say Babalola is being used by President Tinubu against activist and lawyer, Dele Farotimi.
Speaking on Tuesday during an interview with Arise News, Ogala argued that those insinuating that the case by Babalola against Farotimi is part of a script by President Tinubu also risk legal actions for defamation.
He maintained the integrity and independence of 95-year-old Babalola, describing him as a revered figure who has put in over 63 years of legal and community service and risen to the peak of his profession.
“Afe Babalola, at 95, being used by who to achieve what? I think it’s ridiculous for those who say such. That is most ridiculous and insulting on Chief Afe Babalola, a revered icon, a legend, a prominent Nigerian educationist and lawyer who has put in 63 years of legal practice, risen to the very highest peak of the profession.
“For those who say that, I hope somebody will also caution them to be conscious of the fact that they too may be liable for defamation for saying such,” Ogala warned.
During the interview, Ogala also countered some narratives that the defamation case instituted by Babablola against Farotimi should have been heard in Lagos, where the book was published and not Ekiti.
He submitted that the court’s jurisdiction is not limited by such thinking, and in this case, the book is been read all over the world, and Babalola is resident in Ekiti, hence the decision to exercise his right in his place of residence.
“A lot has been said about jurisdiction. Some have even argued albeit perhaps not having knowledge of the law that because the alleged defamatory comments were made in a book published in Lagos, Lagos ought to be the place where the court should have jurisdiction. That is not so. When a publication is made it is published to the whole world not just to Lagos. Moreso in these days of internet where everything is thrown up in the internet—like in this book, which I understand is even available on Amazon and a lot of people are reading it on their mobile phones all around the world.
“It’s a matter of where the person who is allegedly defamed resides or elects or where the publication is brought to his attention that has jurisdiction. Jurisdiction is limitless. It is not confined to just the place where that book was published. If you write something defamatory about me in Nigeria and I get to read it in Lagos, I can exercise my right in Lagos, Nigeria.
“In this case, that book, having been widely published and widely read and the complainant in this case—the nominal complainant, chief Afe Babalola, SAN—is resident in Ekiti and that is where he had become aware of this alleged defamatory comment. What then was his choice? That is his domicile, so he lodged a complaint,” Ogala argued.
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.
The Inspector-General of Police subsequently filed a 12-count charge against Farotimi, including cybercrime-related offences.
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.
On Monday, Farotimi was granted bail on the cybercrime charges. However, he returned to the Ekiti Magistrate Court on Tuesday for arraignment over alleged defamation.
On Tuesday, the Magistrate Court in Ado-Ekiti, remanded Farotimi, in prison custody. The lawyer was taken back to prison after the court adjourned his bail application to December 20, 2024.
The case has continued to generate public interest.