Afe Babalola vs Dele Farotima: Complete breakdown of the 16-count lawsuit

The Ekiti State Magistrate Court on Wednesday, December 4, heard a controversial 16-count defamation lawsuit brought by the Nigerian Police Force (NPF) for eminent lawyer Aare Afe Babalola, SAN, against author and activist Dele Farotimi.

At the heart of the case are statements made in Farotimi's 2024 book 'Nigeria and Its Criminal Justice System', which Babalola claims contain false and defamatory allegations aimed at tarnishing his reputation and professional standing.

The Allegations

Farotimi's book alleges that Babalola influenced Nigeria's Supreme Court to secure fraudulent judgments for his clients, casting doubt on the judiciary’s integrity.

Specifically, Count I alleges that Farotimi's claims “are likely to cause fear and alarm to the public or disturb the public peace,” a violation under Section 59(1) of the Criminal Code Act.

Count III accuses the author of knowingly injuring Babalola's reputation by claiming he "corrupted the Supreme Court," exposing him to hatred and ridicule.

Several other charges, including Counts V, VII, and IX, accuse Farotimi of attributing systemic corruption to Babalola, his law firm, and other prominent figures.

These claims, according to the charges, were false and damaging to the judiciary's remaining integrity.

A Feud of Reputation

In response to the allegations, Afe Babalola asserts his unblemished record, citing his decades-long career and contributions to Nigeria’s judiciary and education sectors.

His legal team, led by top-tier litigators, argues that the book was not only defamatory but also a calculated attempt to undermine public confidence in the judicial system.

Farotimi, on the other hand, has yet to publicly address the charges. Sources close to him indicate that he may invoke freedom of expression and academic critique as part of his defence.

Summary of the 16-Count Charges

Below are the key points of the 16 charges against Farotimi:

Counts I-IV: False publication alleging corruption and undue influence on the Supreme Court.

Counts V-VI: Criminal defamation aimed at damaging Babalola's professional reputation.

Counts VII-XI: Assertions of systemic corruption orchestrated by Babalola and his associates.

Count XII-XVI: Accusations of judiciary manipulation with specific examples from the book.

Legal Stakes and Broader Implications

This case underscores a tension between freedom of expression and safeguarding reputations in Nigeria’s legal system. Legal analysts suggest that if Babalola successfully proves defamation, it could set a precedent for similar lawsuits against authors and public figures making unsubstantiated claims.

Conversely, a ruling in favour of Farotimi may embolden critics of the judiciary.

The trial is expected to attract widespread attention, with implications for legal practitioners, activists, and the broader public discourse on corruption in Nigeria.

Both parties are reportedly gearing up for a fierce legal showdown in what many predict will be a landmark case.

As the court proceedings commence, Nigerians are keenly observing whether justice will favour the established legal icon or the outspoken critic.