Bail Conditions Set at N50 Million

Human rights lawyer Dele Farotimi has been granted bail by a federal high court in Ado-Ekiti, Ekiti State, in connection to a defamation case filed by Aare Afe Babalola, a renowned lawyer and founder of Afe Babalola University Ado-Ekiti (ABUAD). Omoyele Sowore, the 2023 African Action Congress (AAC) presidential candidate, announced the news on his X (formerly Twitter) handle on Monday.

Sowore stated that Farotimi was granted bail set at N50 million, with a surety required to provide collateral of the same value in landed property.

Background of the Case

Farotimi was arrested last Tuesday in Lagos and transferred to Ado-Ekiti to face trial. The case stems from allegations made in his book titled Nigeria and its Criminal Justice System, where he accused Aare Afe Babalola (SAN) of corrupt practices. Specifically, Farotimi alleged that Babalola had influenced the Supreme Court to secure fraudulent judgments for his clients.

The book’s foreword outlined 10 claims, including:

• Corruption of the Supreme Court: Farotimi alleged that Babalola corrupted the judiciary to obtain fraudulent judgments.
• Alteration of Court Judgments: He claimed that the law firm S.B. Joseph & Co. doctored the Supreme Court’s original judgment to obtain an execution warrant.
• Judicial Misconduct: Accusations were made against Justice Atilade for issuing and later quashing a fraudulent warrant.
• Compromised Judiciary: Farotimi alleged that Babalola and his associates undermined the integrity of the judiciary.
• A Criminal Justice System: The book broadly described Nigeria’s justice system as criminally complicit and incapable of upholding true justice.

Babalola denied these allegations, asserting that they were falsehoods deliberately aimed at tarnishing his reputation and the legacy of his law firm, which has been in operation since 1965. In response, he demanded the withdrawal of all copies of the book from circulation.

Fresh 12-Count Cybercrime Charge

In addition to the defamation case, the Ekiti State Police Command has filed a fresh 12-count charge against Farotimi. These charges, filed on Friday at the federal high court in Ado-Ekiti, pertain to allegations of cybercrime.

The charges focus on statements Farotimi made during an online interview on the “Mic On” podcast hosted by Seun Okinbaloye on YouTube. The prosecution alleges that Farotimi knowingly transmitted false information by stating that “Aare Afe Babalola corrupted the judiciary.”

The charge sheet reads:

“That you, Dele Farotimi ‘m’, on 28th August 2024 knowingly and intentionally transmitted communication in an online interview on ‘Mic On’ podcast by Seun Okinbaloye on your YouTube channel in respect of a book authored and published by you titled: Nigeria and its Criminal Justice System, wherein you stated in the interview that: ‘Aare Afe Babalola corrupted the judiciary,’ which you know to be false information for the purpose of causing the breakdown of law and order, thereby committing an offence contrary to and punishable under Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.”

Implications and Next Steps

Farotimi’s case has garnered significant public attention, highlighting issues of free speech, judicial integrity, and the use of cybercrime laws to address alleged defamation. The court’s decision on the defamation and cybercrime charges will be closely monitored by legal experts, human rights advocates, and the general public.

For now, Farotimi’s bail terms allow him to prepare his defense while the legal proceedings continue. As the trial unfolds, it will provide a critical examination of the boundaries between freedom of expression and accountability under Nigeria’s legal framework.