“Defamation Is Both Tort And Crime” Afe Babalola Responds To Defamation Allegations In Dele Farotimi’s Book
Renowned elder statesman and legal icon Afe Babalola (SAN) has refuted allegations leveled against him in the book Nigeria and its Criminal Justice System by human rights activist Dele Farotimi. Babalola described the claims as deeply damaging, asserting that no financial compensation could repair the harm done to his reputation.
In a press briefing held at the Afe Babalola Bar Centre in Ado-Ekiti on Friday, his lead counsel, Mr. Owoseni Ajayi, a former Commissioner for Justice in Ekiti State, addressed the issue. Ajayi explained that while the matter is still before the courts, it had become necessary to respond to prevent the public from being misled by misrepresentations.
Quoting a Yoruba proverb, Ajayi said, “A gbo ejo enikan da, agba osika ni”—meaning, “anyone who judges a matter based on one side is wicked.” He stressed the importance of hearing both sides of the story before forming conclusions.
Babalola, deeply troubled by the online backlash that followed the publication of the book, revealed that he had petitioned the Ekiti State Commissioner of Police to investigate the allegations. He demanded that Farotimi substantiate his claims or face prosecution for criminal defamation under Nigerian law.
The petition also called for the confiscation of all defamatory materials pending the conclusion of investigations. “All facts are verifiable. I urge Nigerians to verify the truth before taking sides,” Babalola stated, emphasising the need for due diligence in such matters.
While acknowledging the importance of free speech, Babalola noted that such rights must not be exercised at the expense of another’s reputation. “Once Mr. Dele Farotimi can show proof that his assertions in the book are true, then he will be free. Until then, the law allows free speech, but not one that is calculated to injure the good reputation of another,” he added.
Babalola also criticised comments made by the Nigerian Bar Association (NBA) President regarding the issue, describing them as misleading. He cited the legal precedent Aviomoh v. C.O.P. (2022) to affirm that defamation constitutes both a civil and criminal offence under Nigerian law.
“The NBA President’s position on this matter is outrightly misleading. The case of Aviomoh v. C.O.P. (2022) NWLR (pt. 1819) 69 is a clear authority that defamation is both tort and a crime,” he argued.
Babalola concluded by emphasising that seeking justice is a fundamental right accessible to all, irrespective of status. He reaffirmed his commitment to protecting his legacy and holding accountable those who make unfounded accusations.
The controversy has sparked widespread debate, with legal and public opinion divided on the boundaries between free speech and defamation in Nigeria’s legal framework.
