My Take on Babalola’s Withdrawal of Criminal Defamation Case Against Farotimi
By Elempe Dele
The unsuspecting public was greeted on Monday with rattling headlines, some not fitting contextually, about Aare Afe Babalola SAN, agreeing to withdraw the case of defamation against Dele Farotimi. This planned withdrawal might bring an end to the dispute that took over the waves of arguments and debates late last year.
During the debate, I was harangued(albeit dictatorial) by a respected lawyer and a friend privately for giving support, as a journalist and student in the Institute of Logic and Contextualization, to the issue of criminalizing defamation in Nigeria. His argument was criminalizing defamation is tantamount to stifling freedom of expression. I disagreed with him in a manner full of respect on the basis that freedom of expression cannot and should not be absolute anywhere in the world. I added that just as bullying is a criminal conduct, so it is with defamation in my estimation. Both acts bracket the victim peoples into the miasma of pains, cruelty, sorrow, depression, and might lead to their untimely death. So in my view, we cannot allow an infinite latitude to what people can say against others without considering the effect especially if those things said are not true. There must be likely consequence for actions.
Back to the trail before I diverted, Dele Farotimi went through the harrowing process of arrest and arraignment on the charges of criminal defamation before the Ekiti State Magistrate Court, Ado Ekiti District, and cyber-bullying before the Federal High Court in the same state. The world took sides in the matter, some opinions were fitting while others were simplistic outpour of emotions and ignorance.
However, yesterday, we read in the media that the very thoughtful Ooni of Ife, Oba Adeyeye Ogunwusi, and other top traditional rulers at a midnight meeting, appealed to Babalola to withdraw the criminal case, to which he agreed to do so after accentuating what angered him. Those who were in attendance apart from the Ooni were the Chairman, Ekiti State Council of Traditional Rulers and the Olojudo of Ido Ekiti, Oba Ayorinde Ilori-Faboro; the Ewi of Ado Ekiti, Oba Adeyemo Adewole; the Ajero of Ijero Ekiti; the Agoga Oba Joseph Adewole: the Ogoga of Ikere Ekiti, Oba Adejimi Adu; the Oloye of Oye Ekiti, Oba Michael Ademolaju; and the Alaaye of Efon Ekiti, Oba Emmanuel Aladejare.
The Aare, which translates to mean leader or commander in the Yoruba language, during the meeting restated the importance of the Yoruba traditional institution and the influence it wielded. Babalola said without mincing words, “The monarchs are here, they have appealed to me over a criminal charge involving somebody who said I was corrupt.”
Babalola added that he felt so bad that Farotimi accused him of winning all his cases through corruption; hence, he rejected all earlier appeals to him to take the cases out of court. He listed those who had appealed to him to take the matter out of court including former President Olusegun Obasanjo( who is one of his friends); the very respected Catholic Bishop of Sokoto Diocese, Mathew Kukah; and the Ewi of Ado Ekiti, Oba Adejugbe. “If you go through the pamphlet (Farotimi’s book), you will find that he attacked many judges by names, he attacked Supreme Court judges, and none is bothered, but I am bothered. I am bothered because of where and how I started life, from the farm to where I am.
“There is nothing I am going to gain from his imprisonment. There is nothing I am going to gain from so-called damages. I am not in quest of more wealth, rather how to spend what I have for the benefit of others. The only time I am happy is when I give.
“The request is simple, take away this criminal case in court. When Obasanjo wrote, he came here, I said no. When Kukah phoned and came, I said no, but on this occasion, I say yes. Thank you Kabiyesis. I will speak to my lawyers to withdraw it.”
In my opinion, Baba has done his part in listening to the appeals from these monarchs from his tribe where he is one of the leaders of the race. Those cafeteria headlines insinuating that Babalola backtracked are not only disingenuous but cunning. Who will have these kinds of names mentioned coming to appeal to you where others have failed yet you will be neck-bent on a case you ought to ordinarily not be interested in? The vevisionists who have argued that the case is crucial to revealing the ills in the judiciary should tell Dele distance himself from the appeal by the monarchs, to refuse the withdrawal of the criminal charges and to perhaps counter sue Babalola since his revelation will shake the Aare to his over ninety years roots on earth.
No matter how angry one is over an issue, one must consider appeals especially when they come from these caliber of humanity. Since Dele might not have the opportunity to justify his allegations in a law court, he can write part two of his pamphlet so that the specifics of his allegations can be annoted. He can go on to tell his willing world how much was used for the bribe, the dates of the transactions, which judge took what, the banks the funds flowed through and all the necessary particulars involving Baba and his sleazes. We should be interested in what Dele has to say – the expose that will eventually lead to the downfall of Babalola and those involved in his malfeances within the judiciary since he started his trade in 1965. If Dele accepts the result of the appeal, which is withdrawal, we might be blocked into the corner of never knowing what he knows. So it will be both morally and legally justifying for Dele to refuse the unsolicited offer – his bequest, that legacy, contribution as a human right lawyer…will be for him to tell the world what his first book could not do in the law court, not that of public opinion. It will be a shame, a reduction, a bemusing condensation, a let down…if Dele accepts this intervention.
I will go away with the fanality of the Ooni of Ife who spoke on behalf of the monarchs.
“Nobody can tarnish your name. Your name is more than silver and gold and you have stood for your name with the message that nobody can joke with your name.
“We (monarchs) came here to discuss the matter with him and he gave full respect to the obas and agreed.
“We, the obas, can attest to the hard work of Aare Afe Babalola and how he has invested so hard to build his name. The name cannot be tarnished or rubbished by anyone. Aare Afe Babalola has proven to the world that he cherishes his name and the world has heard him clearly.
“Baba, we want to appeal and also use our race to instruct you. Dele Farotimi is your son, you may not know him, we give birth to different children in this world, some are tough, some are soft, some are hard. Why we are here is our ethos as a race.”
The Ooni added, “We are using our race because some of our elders in Yorubaland and even beyond Yorubaland have spoken, but combining forces with the traditional institution, we have heard you, enough, enough and enough. Your name is intact. We have resolved the matter in our own way, we have done the needful.”
While we await responses from Dele Farotimi, we must acknowledge the Omoluabi ethos in Baba…it is profound. The Yoruba says if you dont show disdain when people wrong you, you wont be able to show appreciation for good deeds. Baba was angry, he acted, and now, respected interventionists came to appeal to him, he has agreed to let go, the reservation is for Dele to act let us see where in the spectrum he stands.
