Defamation debate: Between Afe Babalola and Dele Farotimi

Dele Farotimi and Afe Babalola.

Published By: Ayorinde Oluokun

By Yushau A. Shuaib

In 2019, my son, Gidado Shuaib—publisher of News Digest and the host of the annual Campus Journalism Awards (CJA)—found himself enmeshed in a defamation case. It stemmed from a report he and Alfred Olufemi an award-winning young journalist at Premium Times published regarding alleged hemp smoking by workers in a factory owned by a powerful individual. This ignited a series of events that culminated in police operatives from Kwara State raiding my home in Abuja under the cover of night, detaining him before escorting him for legal proceedings in Ilorin that was concluded this year 2024.

Similarly, but in a contrasting scenario, I also became embroiled in a legal battle of my own, filing a ₦500 million defamation lawsuit against freelance journalist Terrence Kuanum whose scathing publication inaccurately depicted me as a supporter of Boko Haram and a proxy for ISWAP fighters in Nigeria. His derogatory remarks were in response to my published memo urging the then President Muhammdu Buhari to replace service chiefs who had long overstayed their welcome and impeded career progression of other competent military officers.

The fallout from Kuanum’s article was severe, tarnishing my professional reputation and exposing me to ridicule and even security threats. As a result, after petitioning all security and intelligence services, I sought a perpetual injunction against further defamatory statements, a public apology and ₦500 million in damages.

In both circumstances, Barrister Yunus Abdulsalam, who was recently inducted as a Senior Advocate of Nigeria (SAN), represented us. These personal encounters have imparted invaluable insights into the complex legal quagmire that Chief Afe Babalola and Dele Farotimi currently navigate in their own defamation dispute.

Remaining silent in the face of defamation under the guise of gentility is a fool’s errand. Defamation, legally defined as the communication of a false statement that harms an individual’s reputation, can lead to significant losses in honor, business prospects, or social standing. The pivotal elements of defamation include the existence of a false statement, its publication to at least one third party, and demonstrable reputational, financial, or emotional harm, all exacerbated by the defendant’s fault and malicious intent.

Amid the recent contentious atmosphere surrounding Farotimi’s arrest, misinformation ran rampant on social media and in the press. Unfounded claims insinuated that Tony Elumelu, Chairman of UBA, orchestrated Farotimi’s arrest, while others accused the Tinubu government of weaponizing law enforcement to stifle dissent. Disturbingly, many legal professionals, human rights advocates, and journalists neglected to provide objective clarity during this tumultuous time, instead contributing to a climate rife with confusion and misinformation.

Soon enough, it was disclosed that Chief Afe Babalola was the plaintiff suing Farotimi for defamation. Even before this fact became public knowledge, Babalola—who was born on October 30, 1929—had weathered a storm of critique and scorn from individuals oblivious to or willfully ignorant of the legal ramifications surrounding the matter.

Afe Babalola’s remarkable credentials are noteworthy. He earned a degree in Economics from the University of London before qualifying as a lawyer in 1963 and founding his law firm in 1965. From establishing Afe Babalola University, Ado-Ekiti (ABUAD)—one of Nigeria’s most prestigious private educational institutions—to earning accolades as the Best Pro-Chancellor of Nigerian Universities during his tenure at the University of Lagos, Babalola embodies a legacy of legal expertise, philanthropy, and educational reform.

On the other hand, Dele Farotimi, born on April 27, 1968, studied at Lagos State University (LASU), where he served as President of the Student Union during the 1994/1995 academic year, later being called to the Nigerian bar in 1999. A lawyer, seasoned public speaker, and human rights activist, Farotimi is a member of the Citizens’ Rally Against Oppression (RAMINBA). He is recognized for his unwavering commitment to social justice and systemic reform, criticizing the current political structure and the 1999 Constitution, which he argues perpetuates systemic corruption. His literary works, including “Do Not Die in Their War” and “Nigeria and Its Criminal Justice System,” challenge citizens to confront and address corrupt practices.

The allegations at the center of the Babalola-Farotimi controversy are serious. Reports indicate that Farotimi accused Babalola of corrupt activities related to allegedly manipulating Supreme Court decisions in a 2013 land dispute favoring Babalola’s client. This incited Babalola to sue for criminal defamation, culminating in a 16-count charge against Farotimi and his subsequent arrest.

It is both amusing and lamentable how politicians, activists, and social media influencers, including certain editors, have disrespected Chief Afe Babalola with scathing criticisms and condemnations. The media onslaught, often fueled by misinformation and inflammatory rhetoric, starkly contradicts the principles of justice.

As Afe Babalola approaches his 100th birthday, surrounded by great-grandchildren, he does not deserve the relentless vitriol and humiliation unleashed by social media trolls—individuals who sadly lack an appreciation for history, decorum, and the cultural values that dictate respect for elders.

What is even more worrying is that some legal practitioners have joined the chorus of criticism against one of Nigeria’s most esteemed lawyers. It is perplexing that legal professionals often overlook fundamental legal principles and the consequences of their actions in the public sphere. Consider the recent statements from senior lawyers and executive members of the newly inaugurated Mazi Afam Osigwe-led Nigerian Bar Association (NBA). Without a proper grasp of the Constitution, they hastily justified dubious manoeuvres to displace the Code of Conduct Tribunal Chairman, Danladi Umar, creating an atmosphere of divisiveness rather than justice. Equally perplexing, the NBA’s swift alignment with one party in the Babalola-Farotimi matter also lacked due diligence.

This situation underscores the urgent need for legal practitioners, apart from politicians and social media influencers, to undergo training in public relations to navigate the complexities of public discourse better. Rather than resorting to unrestrained rhetoric or silence, public commentators—especially legal professionals—could greatly benefit from such training to enhance transparency and public trust. This initiative would improve reputations during crises and promote responsible visibility and thought leadership rather than cheap popularity contests.

In the context of the Babalola-Farotimi case, the courts must stand as the ultimate authority, not social media. Nigeria is not a banana republic where digital mobs can dictate legal outcomes. By committing ourselves to the legal process, we can attain genuine justice and restore public confidence in our institutions.

Yushau A. Shuaib is the author of Award Winning Crisis Communication Strategies

yashuaib@yashuaib.com www.YAShuaib.com