The Afe Babalola-Dele Farotimi Feud: A Study In Yoruba Jurisprudence

 

By Innocent Raphael

I think Baba Babalola’s withdrawal of that suit is more to the benefit of Dele Farotimi.

I’m not sure I heard Dele Farotimi saying he wanted to prove his case in court. Thank goodness for the intervention of the Ooni of Ife and the Ewi of Ado Ekiti.

In few weeks they resolved a complex cobweb that may have taken the Nigerian Judiciary more than 10 years to resolve.

This again is what we call indigenous knowledge, the wealth of creation, in time and space that had shield societies from catastrophe for centuries unlike the state of war we have across Nigeria and the whole world today.

If he really wanted to prove his case, then it’s simple. He should sue Baba Afe Babalola and then insist on pursuing the case.

We are waiting for him to do that but I don’t think he will do that. To say the “Judiciary is corrupt” is fallacy of hasty generalisation. I attended an event not too long ago where a recently retired Judge spoke openly how he rejected bribe including a Lincoln Navigator offered by a politician. We still have good and righteous judges just as we still have rogue judges. Not all Nigerians are corrupt. Most likely, there are more honest Nigerians that those that are corrupt.

A brilliant lawyer, just like a smart boxer would look inwards, weigh his muzzle, his brain and his brawl, before going into the ring or the law courts, if not, disgrace and humiliation would be his trophy.

If Dele is certain and can prove his case, Afe Babalola’s withdrawal of the case is a plus for him. We are waiting for him to reject the withdrawal and pursue the litigation.

But I don’t think he will.

So, this action of Pa Babalola is in favour of Dele, who I know, cannot prove the allegations he put in black and white.

In law, truth and facts are established by logical premises that have been established with hard evidence.

Truths are spiritual, a vain idea, without facts.

Who are the witnesses that Dele would have invited to prove his sweeping allegations against the Judiciary or that Chief Babalola took bribe to some Judges?

Has he pictures? Has he facts to established the transfer of money by Babalola to the Judges? Can he prove that the “Judiciary”, meaning all the judges without exception, is corrupt?

I believe he would have lost the case.

Again, who is his brilliant defence counsel anyway or he wanted to defend himself? As we speak, we have not seen his team of SANs

How many landmark cases has Dele won?

What is his level of brilliance or expertise in law?

At best, he is a post-2023 activist.

It’s easy for the mad crowd to cheer an arrogant and proud cat trying to prove his strength above the lion, but the cat knows truly that when alone with the lion, in its den, without the cheering crowd, he would carry the heavy cross all alone.

If not that the case is withdrawn, Dele may be pushed to use proceeds from the sale of his book to pay for heavy damages.

Falana is meticulous. He seeks facts before going to court.

Fawehinmi was never reckless and vain. The case of Dele Giwa, he was able to come up with evidence and facts difficult to throw away. He never made such sweeping condemnation of the Judiciary

I recall one instance when Gani had to defend myself, Chima Ubani, Tokunbo Afikuyomi, Nike Ransome Kuti, Beko Ransome Kuti and others.

He rose up, one leg raise on the chair and told the Judge:

“You must never allow yourself to be used by the butcher, the rogue in Abuja to continue to detain my clients.”

I was afraid why he should be so bold.

But I later realised he never mentioned the name Abacha, who he was referring to.

The Judged set us free that day, after three days in detention, even to my surprise.

That is wisdom.

This is not to say that Dele is entirely wrong on corruption in the Judiciary and also the fact that some senior lawyers are corrupt and even stink.

But to write a public book and then circulate across the world diminishes his wisdom and his mental state of mind.

The book Animal Farm by George Orwell was written to reflect Soviet Union under Joseph Stalin.

The book became world class. But he didn’t mention names though the world understood him.

Dele had three options:

1) Write the book on corruption using analogies in a way that Nigerians would see naked cases of corruption even though names were skipped.

2) Write the book with published documents exposing corruption but with documented evidence even if obtained covertly.

3) Expose corruption in the Judiciary by collecting existing facts, conducting research and we have more than enough of them based on various proven cases of corruption levelled against judges and notable lawyers.

Nigeria is a stinkingly corrupt country but we need to push our arguments convincingly and with the highest sense of responsibility to ourselves and to the society.

It is even more necessary for Dele who is a lawyer

Ooni and Ewi Intervention

In Yoruba Jurisprudence, the judge apportion blame to the plaintiff, the accused, the society and also to the Judge himself.

Our fathers, in giving Judgment would first say EMI NAA JE’BI-I’m also guilty

It’s not a winners take all unlike English Jurisprudence that blames and imposes heavy sanctions on only one party.

Yoruba Jurisprudence is cheaper, time saving with long lasting impact on peace and conflict prevention and most importantly, it has something good and bad for all parties.

Left for the Courts, this case between Babalola and Dele would have lasted for over five years, consuming time, money and energy and at the end, leaving behind eternal bile and discord inherited by all parties.

In this case, the conflict has been resolved pro bono: No payment to lawyers, no riots in court premises, police shooting, possible violence, no endless sittings, to payment to judges and no wasting of precious judicial time.More than 200million may have been saved.

The swift, decisive, final resolution of the conflict by Ooni and Ewi is a reflection of Yoruba rich traditional Law and epistemology.

If this was employed between Awolowo and Akintola, between Ojukwu and Gowon, between Saro Wiwa and the FG, Ukraine and Russia, Israel and Palestine humanity would have been saved a lot of catastrophe.

If we had applied this wisdom in dealing with Mohammed Yusuf of Boko Haram, the country would have been saved.

Conflict resolution in Western law is about money, profit, vengeance and ego for concerned parties.

Even when people are sentenced to death in Yoruba Jurisprudence, it is with respect and apportioned blame to all parties.

So, I think the Ooni and Ewi have applied Yoruba Jurisprudence in the case and I believe it has served the interests of all parties.

I believe the Yoruba Jurisprudence is superior to Western Jurisprudence. The aim is societal peace, mutual deterrence, and harmony, and not vengeance. What is lacking is institutional/constitutional framework of enforcement especially when it involves compensation, but this can be worked out.