Following fiery attack by ‘Revolution Now’ campaigner, Mr. Yele Sowore, an eyewitness who accompanied Labour Party presidential candidate, Mr. Peter Obi to Ado Ekiti for visits to Chief Afe Babalola SAN and Mr. Dele Farotimi has now provided details on the visits.

CITY LAWYER recalls that Dr. Moses Paul had tweeted on the trending visits, leading Sowore to lampoon Obi for allegedly going to “beg” Babalola over Farotimi’s detention.

Sowore stated that “the delegation led by Mr. Peter Obi has committed an unspeakable and despicable injustice in the fight against judicial corruption in our country.”

Leading legal scholar, Prof. Yemi Akinseye-George SAN however disagrees, saying: “I commend Mr. Peter Obi for the thoughtful visit to Aare Afe Babalola, SAN, OFR, CFR at Ado Ekiti. This is a powerful demonstration of Mr. Obi’s leadership capacity and peace-building acumen. Kudos sir. Aare Afe Babalola has given literally all that he ever made back to the society through the establishment of ABUAD. He employs thousands of workers in his numerous enterprises. If all our wealthy people were like Aare Afe Babalola, Nigeria would be an El Dorado. -Prof Yemi Akinseye-George, SAN, FNIALS.”

But giving more insights into the visits, Paul, who accompanied Obi on the visits, wrote on his “X” handle:

My dear friend and brother, Mr. @YeleSowore, I know we all have our strong presence on social media.

It’s evident that Mr. @PeterObi seems to be your perpetual target, and in your eyes, nothing he does can ever be right, no matter how good or compassionate his actions are. However, there comes a time to rise above playing to the gallery. You were not part of the entourage—I was. I personally put out the tweet you have now misrepresented.

I am fully aware of the sacrifices of Mr. Peter Obi has made since Mr. Dele Farotimi was abducted. I know the people he has called, the places he has visited, and the efforts he has made to manage the situation. I have been with him and witnessed it all firsthand.

Some of those criticizing him have likely never taken any meaningful action close to what Mr. Peter Obi has done to ensure no harm comes to Mr. @DeleFarotimi. He has traveled under challenging conditions, navigating difficult terrains, to ensure Mr. Dele Farotimi’s safety.

Those quick to judge should step out and move around instead of sitting comfortably in one place and merely commenting on the social media. If most critics had achieved even a fraction of what Mr. Peter Obi has in life, they likely wouldn’t make the sacrifices he does — visiting villages, enduring tough terrains, and dedicating himself to helping others.

Even icons like Rosa Parks, Nelson Mandela, and Martin Luther King Jr., whom some have referenced, had people sacrificing and fighting for their safety and on their behalf and visiting them in various capacities during their struggles. As a student of MLK and Mandela, I understand that critical engagements often happen behind the scenes. You may not fully understand Mr. Peter Obi’s values and the depth of his commitment.

I was the only person who sat between Mr. Peter Obi and Dele Farotimi, and I am fully aware of the conversation that took place between them. It does not, in any way, align with what you are claiming.

Mr. Peter Obi has consistently chosen a peaceful and issue-based approach, while you have embraced a more radical path. Throughout his presidential campaign, he has never mentioned or referenced you, choosing instead to focus on substance and maintain his dignified style. Yet, you have made it a habit to constantly reference and target him. Don’t you feel embarrassed of such unwarranted hostility?

Mr. Sowore, continue with your work, but please stop running others down. Your only motive seems to be targeting Mr. Peter Obi. I reiterate—you were not part of the entourage. I was there.

-DrMo

CITY LAWYER recalls that Obi had strongly condemned the handling of Farotimi’s case by the Police, saying: “The handling of the case involving human rights lawyer @DeleFarotomi runs foul of every Democratic norm that guarantees freedom of expression and innocence until found guilty before a law court.

“It’s curious that the Nigeria Police, who are struggling with a barrage of crimes all over the place, now indulge in civil cases on half complaints and rush to court at the speed of light.

“Hearing that Dele Farotimi has been remanded in prison over an allegation of defamation is very disturbing. This development raises serious concerns about the state of justice and freedom of expression in our country, particularly when viewed against the backdrop of the alarming rise in criminal activities across the nation.

“At a time when national efforts should be directed toward addressing pressing issues such as insecurity, corruption, and economic challenges, it is disheartening to see the focus shifted to cases that appear to stifle critical voices.

“Matters of defamation are civil and should be treated as such, not turned into a tool for intimidation or the erosion of fundamental rights.

“The strength of any democracy lies in its ability to tolerate differing opinions and uphold the rule of law without bias.

“I once again call on the authorities to ensure that justice is served impartially and to prioritize the urgent task of combating the real threats plaguing our nation. -PO”

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Lagos based lawyer and human rights activist, Mr. Dele Farotimi, has again been remanded in prison custody till December 20, 2024.

Magistrate Abayomi Adeosun will on that day determine whether the embattled senior lawyer will remain in custody as well as whether Mr. Adeyinka Olumide-Fusika SAN, his Lead Counsel, is competent to appear before him as a Senior Advocate of Nigeria.

Farotimi had arrived the magistrate’s court sitting in Ado-Ekiti around 9.50 am shielded by operatives of the Rapid Response Squad of the Nigeria Police and the Nigerian Correctional Centre. He is facing a 14-count criminal defamation charge filed by the police following a complaint by leading senior lawyer, Chief Afe Babalola SAN.

At the commencement of today’s proceedings, the prosecution challenged the appearance of Olumide-Fusika before the Magistrate’s Court on the basis that “a SAN should not appear in a lower court.”

While Magistrate Abayomi Adeosun adjourned ruling on the objection to a later date, the senior lawyer stepped down from the proceedings, paving way for other lawyers in the defence team to continue their representation for the defendant. The team now has Messrs Taiwo Adedeji, Ayodele Ademiluyi and Mayowa Omojola representing Farotimi.

The prosecution also served the defendant with an amended charge, deleting two counts from the original 16 counts. The defendant pleaded ‘Not Guilty’ to the charge.

Following his plea, the court took arguments for and against the defendant’s bail application and adjourned ruling till Friday, December 20, 2024.

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Amid the evolving nature of electronic voting (e-voting) in the Nigerian Bar Association (NBA) elections, experts have advocated for transparency and data protection.

They made the call at the SPA Ajibade & Co. 17th Annual Business Luncheon with the theme “Data Protection and Transparent Elections in the Nigerian Legal Profession: Charting a Way Forward”.

The luncheon is aimed to serve as a call to action for legal professionals to lead by example in promoting fair and transparent electoral practices, potentially setting a standard for other professional bodies and the broader political landscape.

In his presentation, Mr. Olumide Babalola underscored the transformative nature of e-voting and its attendant challenges.

His words: “We’re all used to the manual way of voting, physically casting votes on paper. Now, with e-voting, you can cast your vote from anywhere, relying solely on digital platforms. While this is convenient, it raises critical concerns about data privacy and the freedom to vote without fear of exposure.”

He emphasized the need for granular explanations of how e-voting systems operate, ensuring voters understand the data being collected, how it is stored, and what consents they are providing.

“Did we consent to our data being used only for the election? Or is it being transferred to another country, stored indefinitely, or analysed for voting patterns?” he queried. “Candidates, the NBA, and the electorate have legitimate interests in accessing election data. However, this must be balanced with voters’ privacy rights.”

While agreeing that transparency is crucial, Babalola stated that it must not be abused, saying: “The anonymity of voters must be respected, even during audits.” He urged robust safeguards to protect voters’ privacy while ensuring fair elections.

The Head of Enforcement Unit at the Nigerian Data Protection Commission (NDPC), Mr. Princewill Odinaka stressed compliance with Section 24 of the NDPA which mandates a transparent and lawful process for handling personal data.

He stated that NBA should conduct a Data Protection Impact Assessment (DPIA), as outlined in Section 28 of the Act, to address privacy risks associated with e-voting.

A former Chairman of the Electoral Committee of the NBA (ECNBA), Mr. Richard Akintunde, SAN, noted improvements in data collection and payment systems, but flagged issues with voter register and post-election processes.

He said: “There’s always a lack of post-election audits; our Committee recommended independent audits free from the influence of the ECNBA or candidates, to ensure the credibility and transparency of the process.”

He provided insights into the strides made in NBA e-voting processes since 2016, adding that while challenges remain, there has been significant progress especially in data collation and implementation of secure electronic voting platforms.

His words: “The challenges we faced in 2016 are not the same as those in 2022 or 2024. While progress has been remarkable, continuous refinement is essential to sustain credibility.”

On his part, current ECNBA Chairman, Mr. Oluseun Abimbola, SAN, highlighted a broader societal challenge of trust deficit in Nigerian systems, emphasizing the importance of credible people and processes to restore confidence.

He said: “Even with facts staring us in the face, there’s skepticism. Trust must be built through transparency and accountability.”

The experts called for clearer policies, comprehensive audits, and adherence to data protection regulations to foster trust in NBA’s electoral processes. The integrity of e-voting, they argued, lies in a delicate balance between openness and protection of personal data.

Earlier in his opening remarks, Managing Partner of SPA Ajibade & Co, Dr. Babatunde Ajibade, SAN, emphasized the urgent need for transparency and reform to salvage the credibility of the legal profession.

He highlighted the growing concerns over persistent disputes following elections, particularly since the adoption of electronic voting in 2014.

“It’s very bad for the image of the profession,” he said. “The purpose of this luncheon is to find a solution. People are passionate about this issue, but loyalty and support for certain individuals often overshadows the need for fairness.”

He dismissed any intention of reverting to a delegated voting system, underscoring the necessity of robust dialogue to rebuild trust. His words: “An audit, as supported by experts and electoral officers, ensures that doubts are resolved, and losing candidates can acknowledge their defeat as fair. Transparency is key to eliminating the perception that results are flawed.

“If lawyers get it right, others like the Nigerian Medical Association (NMA) which recently faced chaotic elections, may follow suit. Greater transparency could prompt a cultural shift in how elections are perceived and conducted.”

CREDIT: THISDAY LAWYER

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The Federal High Court in Ado-Ekiti, Ekiti State today granted N50 million bail to human rights lawyer, Mr. Dele Farotimi, after the police filed charges against him over allegations of cybercrime.

Justice Babs Kuewumi, presiding over the case, ruled that Farotimi be released on bail with conditions that included a N50 million surety and a guarantor possessing a landed property of equivalent value.

The case, with suit number FHC/AD/CR/104/2024, was filed by the Inspector-General of Police, alleging cybercrime activities linked to Farotimi. Justice Kuewumi adjourned the case to January 29, 2025, for further proceedings.

The Nigerian police had last week filed fresh charges against Farotimi before the Federal High Court In Ado-Ekiti, over allegations of cybercrime.

Speaking on today’s proceedings, human rights activist and convener of #RevolutionNow movement, Mr. Omoyele Sowore said: “The first hurdle was crossed. @DeleFarotimi was granted bail of N50 million naira surety in the like sum with someone with landed property. The case was adjourned to 29 January, 2025. #FreeDeleFarotimiNow”

Farotimi, known for his advocacy for justice and good governance, had appeared before the court last Wednesday following charges brought against him by Chief Afe Babalola SAN under the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015. The police however filed 12 fresh counts charges against Farotimi.

Some of the counts read, “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 (https://www.youtube.com/watch?v=4USuxBfZCOA) 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 breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

“COUNT II: 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 (https://www.youtube.com/watch?v=4USuxBfZCQA) 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” with the intention of bullying and harassing the named persons thereby committed an offence contrary to and punishable under Section 24 (a) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

“COUNT III: That you Dele Farotimi ‘m’ on 2nd December, 2024 intentionally sent a message in the course of a press conference held on Online on your YouTube Channel (https://www.youtube.com/watch?v=0k6HzdQXLEK) where you stated that: “It came to my knowledge that there is a charge preferred before a court in Ekiti State against me at the instance of Chief Afe Babalola.”

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Nigerian lawyers have urged independence and activism from the Judiciary, saying these features promote the rule of law. The call was a fallout of the well-attended Nigerian Bar Association, Port Harcourt Branch Annual Law Week which held recently.

In a communique made available to CITY LAWYER, the forum stated that “Judges must remain resolute, free from extraneous influence and must uphold the principles of fair hearing and stare decisis for the rule of law to be upheld, improving on the expeditiousness of the time frame for litigation matters.”

The forum called for a “more stable and predictable legal system” towards facilitating the rule of law, including the expeditious handling of matters, adding that “The rule of law is the fulcrum that will protect every citizen’s rights. Lawyers and Judges should collaborate in ensuring that the principles of law are upheld irrespective of who the parties or persons interested in the suits.”

Dwelling on “Lawyers’ Accountability and Sanction,” the forum urged lawyers “to embark on a self-audit,” even as it asked the NBA to “begin to sanction lawyers who contravene the ethics and code of the profession. The Disciplinary Committee of the NBA must become more active.”

It urged lawyers to prioritise access to justice by protecting the rights of citizens and taking up more pro bono matters in the public interest, “especially for the indigent in society towards restoring the hope of the common man in the justice system.”

The forum also called on the government, government officials and the political class “to become more accountable to the people as that is the foundation upon which the rule of law and socio-economic development can thrive.”

The Annual Law Week and Dinner held from 2nd December to 6th December, 2024. The Theme of the annual fiesta was “Rule of Law and Socio-Economic Stability: Impact on the Legal Profession.”

While Justice Mary Ukaego Peter-Odili, retired justice of the Supreme Court, was Chairman of the Opening Ceremony which held on December 3, 2024, leading corporate lawyer, Mr. George Etomi was the Keynote Speaker. Discussants included Hon. Justice T. S. Oji; Mr. Ayodeji Adedipe SAN and Chamberlain Peterside, while the Branch Chairman, Mrs. Cordelia Eke gave an address that drew accolades. Many leading lights of the Bar and Bench attended the Annual Law Week.

Below is the full text of the Communique.

COMMUNIQUE ON NIGERIAN BAR ASSOCIATION, PORT HARCOURT BRANCH LAW WEEK 2024, HELD ON TUESDAY, 3RD DECEMBER, 2024 AT THE NBA PORT HARCOURT BRANCH HOUSE, 1 BANK ROAD PORT HARCOURT, RIVERS STATE

PREAMBLE

The Opening Ceremony of the Nigerian Bar Association, Port Harcourt Branch Annual Law Week 2024 held on Tuesday, 3rd December 2024 at the NBA Port Harcourt Branch House, 1 Bank Road Port Harcourt, Rivers State. The theme of the law week is “The Rule Of Law And Socio-Economic Stability: Impact On The Legal Profession’’

The Opening Ceremony was graced by dignitaries and personalities of repute within and outside the legal profession. The event was Chaired by Hon. Justice Mary Ukaego Peter-Odili, JSC, Rtd, Chairman, Governing council, Rivers State University.

The Keynote Speaker of the event was the versatile and internationally recognised legal luminary with experience spanning Business, Telecommunications, Energy and Natural Resources, Aviation, Oil & Gas, and Corporate/Commercial Law, the distinguished Mr. George Etomi, FNIALS, NPOM.

Goodwill messages were received from a variety of dignitaries inclusive of:

Mazi Afam Osigwe, SAN, NBA, National President, represented by Emeka J.P. Obegolu, SAN

Hon. Justice I.W. Obuzor, President of the Customary Court of Appeal, in dual capacity, representing his office and Hon. Justice S.C. Amadi, DSSRS, Chief Judge of Rivers State

Chief Emeka Ozoani, SAN, Immediate Past Chairman, NBA National Welfare Committee

The Annual Law Week was officially declared open by Hon. Justice S.C. Amadi, DSSRS, Chief Judge of Rivers State represented by Hon. Justice I.W. Obuzor, President of the Customary Court of Appeal, Rivers State.

A Panel Session held comprising of Hon. Justice T.S Oji; Chamberlain S. Peterside, PhD; Ayodeji Adedipe, SAN, and the Keynote Speaker, Mr. George Etomi, FNIALS, NPOM. It was moderated by HRH David Serena-Dokubo Spiff, FICMC, FNCS.

2.0 Key Issues Raised

The following issues were raised by the keynote speaker and other speakers:

The Rule of Law and Socio-Economic Stability are intertwined, and both affect the stability and survival of the legal profession.

A stable legal framework is essential in solidifying the rule of law and socio-economic development in Nigeria while the abuse of the rule of law will affect the socio-economic stability of the country and inevitably lead to a state of anarchy.

Lawyers and Judges are the custodians and major stakeholders in ensuring the Rule of Law in Nigeria. Lawyers have failed in their roles to speak up against unfavourable government policies.

Judicial dependence on the government for funding has contributed to the challenges in upholding the rule of law and has contributed to the poor socio-economic indices in Nigeria.

Poor access to justice, protection and enforceability of human rights have compounded the abuse of the rule of law in Nigeria.

The legal profession has contributed to the abuse of the rule of law.

Government and government officials are not being held accountable by the legal system which has led to the common man losing faith in the sanctity and finality of the courts. They now seek alternate resolution methods including self-help which may eventually lead to anarchy.

3.0 RECOMMENDATIONS

We, as representatives of the Nigerian Bar Association, Port Harcourt Branch at the Opening Ceremony of the NBA PH Branch Law Week, 2024, have discussed critical issues of the rule of law and socio-economic stability and their impact on the legal profession and affirm or recommend as follows:

Lawyers’ Accountability and Sanction: The forum calls for lawyers to embark on a self-audit. The NBA should begin to sanction lawyers who contravene the ethics and code of the profession. The Disciplinary Committee of the NBA must become more active.

Prioritise Access to Justice: The forum calls for Lawyers to take up their rightful roles in ensuring access to justice and protecting the rights of the citizens by taking up more pro bono matters in the public interests, especially for the indigent in society towards restoring the hope of the common man in the justice system.

Judicial Independence and Activism: The forum calls for Judicial Independence and activism which are key to fostering the rule of law. Judges must remain resolute, free from extraneous influence and must uphold the principles of fair hearing and stare decisis for the rule of law to be upheld, improving on the expeditiousness of the time frame for litigation matters.

Stabilise the Judicial System: The forum calls for a more stable and predictable legal system towards facilitating the rule of law, including the expeditious handling of matters. The rule of law is the fulcrum that will protect every citizen’s rights. Lawyers and Judges should collaborate in ensuring that the principles of law are upheld irrespective of who the parties or persons interested in the suits.

Aggressive Advocacy: The forum calls for Lawyers to take up their roles as advocates for the independence of the judiciary. Lawyers must embark on aggressive advocacy for reform of laws that hamper the rule of law and strengthen the voices of individuals and communities to uphold the rule of law.

Stakeholder Partnerships: The forum calls for partnership with NGOs and other Stakeholders as a crucial catalyst for socio-economic development and the fostering of the rule of law, including empowering marginalised groups to have a voice and participate in ensuring economic growth.

Government Accountability: The forum calls on the government, government officials and the political class to become more accountable to the people as that is the foundation upon which the rule of law and socio-economic development can thrive.

4.0 CONCLUSION

In summary, the socio-economic development of Nigeria is dependent on the state of the rule of law of the nation. Lawyers and the Judiciary have roles to play in ensuring that the common man has access to justice and that the political class and government are held accountable for their actions and inaction. Beyond rhetoric, effort must be made to bridge the expanding gap between lawyers and the judiciary, towards ensuring that the rule of law is prioritised for socio-economic stability, growth and development.

Signed:

Joseph I. Ekwueme
Chairman, Law Week Planning Committee

Grace Chigala Ajaegbo., Ph.D
Secretary, Law Week Planning Committee

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By Chidi Anselm Odinkalu

Paul Anyebe was a judge of the High Court of Benue State in north-central Nigeria who had a young son with sticky fingers and a sense of adventure. It was his role as a dad that endangered his job as a judge.

One night around 1983, Anyebe caught his son attempting to steal from his bedroom. In response, Anyebe pulled his gun in an effort to scare the boy. The gun went off, discharging a bullet which hit and seriously injured the boy. The Attorney-General of Benue State decided to prosecute Paul Anyebe for attempted murder. The Penal Code applicable in Benue State at the time had ample provisions for the crime of attempted murder.

The Attorney-General also added a charge of illegal possession of firearms, a federal offence. Unlike the crime of attempted murder, which was a state crime in Benue State, all firearms offences are federal. The Attorney-General of Benue was well within his powers to prosecute for attempted murder but only the Attorney-General of the Federation could prosecute or authorize prosecution for federal offences.

At the conclusion of the trial, the High Court of Benue State discharged Paul Anyebe on the charge of attempted murder, a state offence, but convicted him on the charge of illegal possession of firearms (a federal offence)for which it sentenced him to three years in prison. The Court of Appeal reduced this sentence to six months in prison or a fine of one hundred Naira. Following this decision and while his appeal was yet to be heard by the Supreme Court, Paul Anyebe was dismissed as a judge.

When the Supreme Court decided Anyebe’s appeal in January 1986, Dahunsi Olugbemi Coker, a Justice of the court, summed up the issue for decision in one sentence: “The short point is whether a State Attorney-General can prosecute an offence created by an Act of the National Assembly.” To this question, the court unanimously responded in the negative. They nullified Anyebe’s trial and ordered the fine paid  – one hundred Naira – refunded to him. The Court of Appeal ordered his reinstatement with full benefits.

Adolphus Godwin Karibi-Whyte, one of the justices who decided Anyebe’s appeal at the Supreme Court, said of what the case decided that ”the Attorney-General of a State has no general authority to exercise the powers of the Attorney-General of the Federation to prosecute in respect of Federal offences.”

One effect of this decision is to preclude the prosecution of federal crimes before state courts. A Magistrates Court is a state court. It does not have jurisdiction over federal crimes.

Thirty-eight years after the Supreme Court of Nigeria established this principle in Anyebe’s case, the Nigeria Police Force (NPF) on 4 December arraigned lawyer and writer, Dele Farotimi, before a Magistrate in Ekiti State on 16 counts of crimes under the Criminal Code Act, a federal legislation.

Three years ago, Ekiti State enacted into law the Criminal Law of Ekiti State, no. 12 of 2021, which repealed and replaced the state’s pre-existing Criminal Code Law of 2012. Comprising nine parts, 429 sections and 140 pages, Ekiti State’s Criminal Law of 2021 does not include the crime, Criminal libel or defamation. Section 70 of the law contains a crime of causing disaffection or breach of the peace through offensive publication but that is a simple offence punishable by six months in prison. It is not in issue in this case.

Last week, on 3 December, operatives of the NPF heisted Dele Farotimi from his residence in Lagos State, where the crime of criminal defamation is similarly unknown to law. They raced him across state lines to Ekiti where they detained him. The following morning, on 4 December, the police arraigned Dele before a Magistrate in the state capital.

This is important because the gist of the charges purportedly preferred against Dele Farotimi before the Magistrate in Ekiti is precisely criminal defamation which is not a crime in Ekiti State.

It seemed quite clear that the charges presented by the police did not disclose a crime known to the laws of Ekiti State nor did they disclose a crime over which a Magistrate in Ekiti State could purport to exercise lawful jurisdiction. Despite the evident absence of jurisdiction on multiple fronts, the Magistrate proceeded with undue haste to order the remand of Dele Farotimi in prison custody for one week until 10 December. The Magistrate probably did not realise that 10 December is International Human Rights Day.

Despite the evident absence of jurisdiction on multiple fronts, the Magistrate proceeded with undue haste to order the remand of Dele Farotimi in prison custody for one week until 10 December.

Even if the Magistrate had jurisdiction, which he did not, the crime alleged was punishable with two years in prison. Under section 4(5) of the Criminal Law of Ekiti State, this is classed as a “misdemeanor” at best, that is to say “an offence punishable by imprisonment for not less than six months, but less than three years.” These are bailable on liberal terms. Offences punishable by more than three years in prison are called “felonies”. Those are regarded as serious offences. The order of remand in this case seemed wilful with a whiff of the pre-determined about it.

The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power has a name for what happens when a court orders prison remand for a crime which does not exist in law and in proceedings over which it lacks powers. It is called “criminal abuse of power.”

Many people claiming to be senior lawyers have invited Dele Farotimi to have his day in court where he can prove the allegations the subject of these charges or face the consequences. This is clearly designed to make all this seem like an invocation of law. It isn’t.

First, Dele Farotimi can only do so before a court of competent jurisdiction. A Magistrate claiming to sit over a crime that does not exist in the state is not such a court.

Second, the burden in criminal proceedings is on the state to prove that the accused is guilty. So, criminal proceedings in Ekiti or anywhere cannot possibly be the forum for Dele Farotimi to prove the truth of his claims. Anyone who makes that assertion is either wilfully jejune or must concede that the only opportunity to put that to test has to be in civil proceedings.

Third, insisting on the kind of proceedings now going on in Ekiti State without any sense of irony only reinforces the kinds of claims that Dele Farotimi makes in his best-selling book about supposedly legal and judicial processes which seem to occur in the pockets of human principalities given to playing god. A lot of things may yet happen in those kinds of proceedings but it does not look like law will be one of them.

Moreover, in 2021, the Supreme Court of Nigeria – no less –  condemned as “vexatious and oppressive” and “dangerously rampant”, the “misuse of the criminal law machinery for getting reliefs in disputes that are civil in nature, by using the instruments of State.” The court also required that “a complainant who initiates a prosecution with the knowledge that criminal proceedings are unwarranted and the remedy lies in the civil law, should be made accountable in law for pursuing misconceived criminal proceedings.”

In that same case in 2021, the Supreme Court described the crime of criminal defamation as “an innovation in Star Chamber”, a reference to a notoriously arbitrary and captured judicial forum dating back to late mediaeval England. It was not a judicial endearment.

Dele Farotimi himself was perspicacious about the events as they have so far unfolded. Shortly before he was taken from Lagos, he warned: “abducting me to be tried in Ekiti State is not justice but a witch-hunt.”

Somewhere in Ekiti State on International Human Rights Day 2024, the very rights consecrated by the Universal Declaration of Human Rights will face the Guillotine with Dele Farotimi strung up as the sacrifice. Those who think this vindication may yet live to rue their affliction with terminal hubris.

A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu

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By Kayode Ajulo, OON, SAN

Aare Afe Babalola, CON, SAN stands as a radiant beacon of the extraordinary in Nigeria, illuminating the paths of countless legal minds. His influence is profound, and as one of his beneficiaries, I often reflect on a pivotal moment during my National Youth Service in Abuja. In my earnest pursuit of a sterling legal career, I was fortunate to have Hon. Justice Olaseinde Kumuyi, the esteemed former Chief Judge of Ondo and my then Director of Civil Litigation at the Federal Ministry of Justice, advocate for my potential. With unwavering faith in my abilities, he personally chaperoned me to meet Aare Afe at his office in Adamasingba, Ibadan.

In a gesture that exemplified his remarkable generosity, Aare Afe directed me to his Chicken House office in Abuja, where I was mentored by Dr. Olumide Ayeni, SAN, the then Head of Chambers at Afe Babalola’s Emmanuel Chambers. His kindness extended beyond guidance; he gifted me a modest yet significant sum of money, instructing me to use it to “clean my bib.” This phrase, particularly when linked to such a considerable amount for caring for a newly purchased, starched bib, remains a delightful enigma, symbolizing both support and encouragement.

Though my time at Aare Afe Babalola Emmanuel Chambers was brief and without formal remuneration, each of his visits to Abuja brought tokens of generosity that exceeded the annual earnings of many lawyers. He is a true guru, a master of the legal field; his courtroom advocacy resonates with the eloquence of a seasoned lecturer, and each of his written addresses reads like a seminal paper.

From him, I learned not only the virtues of confidence but also the intricate nuances of legal practice, understanding that these elements are vital to success in our noble profession. He is indeed a Godsend to our jurisprudence and legal community.

It is deeply disheartening to witness unfounded accusations directed at him, disregarding our sacred Yoruba tradition of honoring our elders. To label an Ekiti man with allegations of corruption or theft without substantial evidence is a serious affront.

We must cherish our community’s icons and tread carefully to protect those we hold dear. Aare Afe Babalola is a luminary, not only for Nigeria but for the world; such baseless claims tarnish his dignity and legacy.

Legacy and reputation are the cornerstones of our personal and professional lives. They define how we are remembered and the impact we leave on others. When individuals engage in malice or grandstanding at the expense of others, they not only diminish the reputation of their targets but also tarnish their own legacy. Such actions stem from insecurity and a desire for fleeting attention, ultimately leading to a cycle of negativity that harms everyone involved.

Both civil and criminal laws exist to protect reputation, safeguarding individuals from defamation and unjust harm. These laws remind us that our words and actions carry profound weight, influencing lives long after they are spoken.

As we navigate this complex terrain, we must also remember that to err is human. Mistakes are an inherent part of our existence, and acknowledging this truth is crucial in our pursuit of justice. While accountability is essential, I believe that justice should mirror Aare Afe’s generous spirit and be tempered with mercy.

When we make errors — whether in judgment, action, or decision — it’s vital to approach these situations with compassion, recognizing the potential for growth and rehabilitation. As the Quran beautifully states, “And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness” (Quran 5:8). Similarly, the Bible teaches us to “do unto others as you would have them do unto you” (Luke 6:31).

In the spirit of our rich traditions, let us honor our elders and protect the integrity of our community, nurturing a legacy of respect, compassion, healing and understanding that will inspire generations to come.

* Dr. Kayode Ajulo is the Ondo State Attorney-General and Commissioner for Justice.

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Chairman BOT, Arewa Lawyers’ Forum (ALF), Chief Joe-Kyari Gadzama OFR, MFR, SAN writes the ALF Caretaker NEC, notify them of Arewa Consultative Forum (ACF) leadership crisis peaceful and amicable resolution

The Board of Trustees Chairman of Arewa Lawyers’ Forum (ALF), Chief Joe-Kyari Gadzama, OFR, MFR, SAN has written to the Caretaker NEC and members of ALF informing them of the final and amicable resolution of the leadership crisis that had be rocking the Arewa Consultative Forum (ACF).

The letter recounted that, sometime in November this year, the National Chairman of ACF National Executive Committee (NEC), Chief Mamman Mike Osuman SAN OFR was suspended by the leadership of the ACF, spearheaded by Alhaji Bashir M. Dalhatu, the Chairman of the Board of Trustees, for alleged unauthorized issuance of a political statement on behalf of the ACF, which was considered to be against the non-partisan posture of the ACF.

According to the letter, the leadership fracas had stirred concerns amongst members of the ALF who inundated Gadzama, SAN as well as other leaders of the ALF with requests to “do something” about the crisis.

The letter also revealed the role Chief Gadzama, SAN played alongside other eminent and respected northern leaders in grinding the tumultuous situation to a halt under a Special Committee chaired by the revered and experienced, Dr. Yayale Ahmed, CFR (Ajiyan Katagum), a former Minister, Secretary to the Federal Government and Head of Service of the Federation.

In a swift response signed by the Caretaker Chairman of the ALF, the duo appreciated the efforts of Chief Joe-Kyari Gadzama, SAN and other eminent leaders of the North in resolving the leadership crisis of the ACF, which is being led by two key and senior members of the ALF.

The ALF also reaffirmed their support for the objective of the ACF as a forum committed to the defence of democratic processes within the Constitution of the Federal Republic of Nigeria.

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More Allocation of plots happening today, Sunday, 8th December 2024, 3:pm to 6:pm
Join us in person or send a proxy

Click below to join our WhatsApp group
https://chat.whatsapp.com/HFawxha6snvKPvQnvlArta

The Expressway to the Estate was Flagged off last Thursday, 5th December 2024. Prices will double by January 2025.

News below:
https://thesun.ng/wike-flags-off-construction-of-kabusa-ketti-access-road-in-fct/?amp

Meeting Point/Temporary entrance is VON/TRADEMOORE ESTATE JUNCTION, Airport road Abuja.

Land is with F.C.D.A Allocation and Approved building plan; Located beneath the Galadimawa Hills.

Come build your secure Home, Office or House for tenants, while you pay gradually for the Land over two years.

Calll/Chat: 08060266163,08067456723, +2347018282843.

Visit Suit A8 Kenuj O2 Mall Behind Games Village Abuja.

Happy new month dear people. Thank God we made it to the last month of 2024.
We shall continually flourish and thrive…amen!

Silas E Agbara Esq
[Senior Associate, M.I Dikko SAN & Associates]
Administrator, Lawyers In Business Institute.

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A senior lawyer and Pastor with the Redeemed Christian Church of God (RCCG), Mr. Leslie Victor Michael-Atata has been arraigned at the Federal High Court sitting at Ikoyi, Lagos for alleged forgery, impersonation and fraudulent misrepresentation.

The arraignment of the embattled senior lawyer and pastor took place on 29th November, 2024 following a criminal complaint to the Police by the law office of Legal Answers LLP on behalf of the nominal complainant, Feljohn Nig. Limited.

The case is listed as Charge Number FHC/ L/ 903C/2024, Inspector General of Police V. Leslie Victor Chizi Michael-Atata & Viktor AG. Ltd.

Count 2 of the three-count charge seen by CITY LAWYER reads: “That you LESLIE VICTOR CHIZI MICHAELS-ATATA ‘M’ and VIKTOR AG. LTD. sometimes 1993 (sic) in Nigeria within the jurisdiction of this Honourable Court did impersonate the company secretary of FELJOHN NIGERIA LIMITED and forged the signature of one Dr. Felix Wigwe and thereby committed an offence contrary to and punishable under section 1(1)(c) of the Miscellaneous Offences Act CAP M17 LFN 2004.”

Count 3 of the charge reads: “That you LESLIE VICTOR CHIZI MICAHELS-ATATA ‘M’ and VIKTOR AG. LTD. sometimes 1993 (sic) in Nigeria within the jurisdiction of this Honourable Court did fraudulently misrepresent as the Secretary of FELJOHN NIGERIA LIMITED, a representation you knew to be false and thereby committed an offence contrary to and punishable under section 484 of the Criminal Code Act, LFN 2004.”

At the arraignment of the defendants, their lawyer, Mr. James Ordu raised an objection to the jurisdiction of the court, arguing that the transaction took place in Port Harcourt while all the parties reside there.

He argued that the transaction between the parties had been determined by a competent court, adding that part of the judgment is now the subject of a pending appeal at the Court of Appeal.

He also contended that the Commissioner of Police had granted the 1st defendant an administrative bail which is still subsisting. He therefore urged the court to strike out the charge.

This was however countered by Mr. Samuel Ogala, the Prosecutor, who argued that where a transaction has both civil and criminal elements, both the civil and criminal cases can be pursued simultaneously.

He contended that the nominal complainant also lives in Lagos, adding that the alleged offences were committed in Nigeria as per the wording of the charge.

He also stated that he was duly mandated by his office to prosecute the defendants, adding that the issue of jurisdiction does not arise as the Police has unlimited jurisdiction pursuant to Section 214 of the 1999 Constitution and Sections 4 and 66 of the Police Act 2020.

In his ruling, Justice Ibrahim Kala held as follows: “I have looked into the 3 counts charges levelled against the defendants. It relates to conspiracy, impersonation and fraudulent misrepresentation. It is no where stated in the counts charges where these alleged offences occurred. Beside, they are offences charged under the provision of the Criminal Code Act, LFN, 2004 as well as Miscellaneous Offences Act, Cap M17, LFN, 2004. These are provisions that are not peculiar to any particular state. I therefore overrule the defendant’s argument on that point.” The court then ordered that the charge be read to the defendants for which they pleaded ‘Not Guilty.’

Ogala applied that the 1st defendant should be remanded in prison custody, a position objected to by Ordu who pleaded with the court to grant the defendant bail, arguing that “The 1st Defendant has a pedigree as a member of the Nigerian Bar Association (NBA) of over 40 years.” He also argued that the 1st defendant has medical conditions which warrant the grant of bail.

The court held that it had considered that the 1st Defendant is “a senior member of the (legal) profession.” Justice Kala then granted him bail in the sum of N50 million with one surety in the like sum, adding that “The surety shall have ownership of landed property in either Lagos or Ogun State worth N50 Million which title document be deposited at the registry of this Hon. Court or shall surrender the qualifying and Call to Bar Original Certificates to the registry of the court.”

Justice Kala also ordered as follows: “The 2 recent passport photos, BVN, NIN, Phone Numbers of 1st Defendant as well as the Surety should be deposited at the Registry of this court after being duly verified by Registrars of this Court in conjunction with the agent of prosecution.”

The case was adjourned to 20th February, 2025 for trial of the defendants.

According to the complaint by Legal Answers LLP, the 1st Defendant fraudulently converted No. 1 Kaduna Street, D/Line, Port Harcourt, a property sold to Baldwyne Holdings Limited by Feljohn Nigeria Limited though he allegedly knew of the sale but “capitalized on his privileged position as our Client’s legal practitioner and secretary and began to covet and lay claims on the same property by fraudulently obtaining a sublease of the property using his company Viktor AG Limited.”

• First defendant in the dock

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A Magistrate court sitting in Ado Ekiti has remanded a human rights lawyer, Mr. Dele Farotimi over an alleged case of defamation against the founder of Afe Babalola University, Chief Afe Babalola SAN.

Farotimi was arraigned for allegedly publishing a book “Nigeria and its Criminal Justice System” where he reportedly alleged that Aare Afe Babalola corrupted the Judiciary and procured judgements in the Supreme Court. Farotimi pleaded “Not guilty’ to all the sixteen-count charge.

Police prosecutor, Samson Osun called for the remand of the suspect in prison custody pending further investigation and for the maintenance of security in the country.

Counsel to the defendant, Mr. Dayo Akeredolu opposed the request for remand and pleaded with the court to admit the defendant to bail on self recognisance or on very liberal terms because the case at hand is bailable and the suspect is a known figure who is not constituting any threat. He said the defendant is presumed innocent until proven guilty.

In his ruling, the presiding judge, Magistrate Abayomi Adeosun remanded the suspect in prison custody and adjourned till December 10.

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* POLICE THREATENED TO SHOOT HIM – INIBEHE EFFIONG

Details have emerged on how fiery civil rights activist, Mr. Dele Farotimi was arrested by police operatives.

A CCTV footage seen by CITY LAWYER shows the operatives entering Farotimi’s office and taking some items before whisking him away.

Meanwhile, the Nigerian Bar Association (NBA); Mr. Peter Obi, Labour Party presidential candidate in the last general elections and fiery human rights activist, Mr. Inibehe Effiong have strongly condemned Farotimi’s arrest, calling for his immediate release.

Effiong revealed that the police threatened to shoot Farotimi if he did not release his phone set, adding that other lawyers in his law firm were also harassed by the operatives.

There are strong indications that Farotimi may have been arrested following a petition by Chief Afe Babalola SAN over alleged defamatory remarks in Farotimi’s recent book, “Nigeria and its criminal justice system.”

CITY LAWYER gathered that Farotimi has been ferried to Ekiti State where the petition reportedly originated.

Confirming Farotimi’s transfer to Ekiti State, the Ekiti State Police Command noted in a statement issued by its spokesman, Mr. Sunday Abutu that the activist is in its custody.

The statement reads: “The Ekiti State Police Command wishes to inform members of the public that one Mr Dele Farotimi is undergoing investigation following a petition written against him to the Office of the Commissioner of Police, Ekiti State Command for an allegation of defamation of character and cyberbullying.

“He was arrested today in Lagos with a warrant after all means deployed by the Command to bring him for interrogation proved abortive.

“He is currently in custody and will be arraigned as soon as investigation is concluded”, it added

The NBA said in a statement by its President, Mr. Afam Osigwe SAN that it was “deeply concerned” by Farotimi’s arrested on allegations of libel, adding that “While we recognize the powers of the Nigerian Police Force to arrest and investigate crimes, we firmly believe that such powers must be exercised within the confines of the law and in respect of offenses known to law.”

It stated that “It is in this context that we oppose the arrest of Dele Farotimi on allegations of libel, which is not recognized as a criminal offense under the laws of Lagos State.

“The Criminal Law of Lagos State 2011 repealed the criminalization of defamation by omitting it from its provisions. Previously, defamation was criminalized under the Criminal Code applicable in Southern Nigeria. However, Lagos State modernized its criminal law framework through the enactment of the 2011 law, aligning with global best practices that treat defamation as a civil wrong, not a criminal offense.

“This position was emphatically affirmed by the Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), where Justice Helen Ogunwumiju held that defamation ceased to be a criminal offense in Lagos State following the enactment of the Criminal Law of Lagos State 2011.

“Furthermore, the Nigerian Police Force derives its powers to arrest and investigate crimes under Sections 4 and 24 of the Police Act, 2020. These provisions mandate the Police to act only in respect of conduct that constitutes a criminal offense under Nigerian law. Arresting individuals for non-criminal matters, such as defamation in Lagos State, is a clear violation of these legal principles and an affront to the rule of law.

“The NBA unequivocally demands the immediate release of Dele Farotimi and calls on the Nigerian Police Force to exercise its powers responsibly and strictly in accordance with the law.

“We also urge all law enforcement agencies to prioritize respect for human rights and adherence to the principles of legality, as these are foundational to the administration of justice and the protection of citizens.”

On his part, Obi described the arrest as “gross misuse of police powers” and a threat to democracy in Nigeria.

Writing via his verified X (formerly Twitter) handle, Obi demanded Farotimi’s immediate and unconditional release, and strongly criticised the use of police force in what he described as a civil matter.

He argued that defamation should be addressed through civil courts and not through the weaponization of law enforcement, adding that “This action is a grave assault on the principles of democracy and justice in Nigeria.”

His words:

I just learned of the arrest of @DeleFarotimi, a respected human rights lawyer and advocate, over an allegation of defamation.

This action is a gross misuse of police powers and a grave assault on the principles of democracy and justice in Nigeria.

I condemn this action in totality. It represents not only an attempt to intimidate opposing voices from questioning authority .

It is also a worrying signal to every Nigerian who loves and values freedom of expression and dares to demand accountability and transparency.

The Nigeria Police Force exists to protect the rights of citizens, not to suppress them.

Defamation, by its nature, is a civil matter that should be addressed in court through due legal process in line with the dictates of the rule of law in a democracy.

As a private citizen, former governor, and even today, I am frequently defamed, insulted, and lied about and against. Yet, I have never resorted to using the Nigerian police or filing reports to silence others.

Those who feel otherwise should seek redress through the proper legal channels, not by weaponizing the police or abusing their access to authority or state power.

The resort to police action, in this case, reeks of abuse of power and raises serious concerns about the independence and professionalism of the police as a civil force.

I hereby request that Dele Farotimi should be released immediately and unconditionally. The police must recognize that their allegiance is to the Constitution and the people of Nigeria, not to narrow interests at the behest of those in power.

A new more Just and fair Nigeria is possible!

Said Effiong: “They threatened to shoot him if he doesn’t surrender his phone. Is the alleged libel contained in the phone of staff and lawyers in the firm?

“I spoke with one of the partners in the firm who narrated his ordeal to me. No matter who the petitioner is the action of the police is an attack on the legal profession.”

He stated that the allegation of defamation is “a matter that the very senior Silk could have vindicated through the civil process,” adding that “I have always maintained a principled opposition to the use of law enforcement agencies to pursue defamation.”

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The Opening Ceremony of the eagerly awaited Nigerian Bar Association (NBA) Port Harcourt Branch Law Week holds tomorrow 1 pm at NBA House, Port Harcourt.

CITY LAWYER recalls that the annual fiesta formally kicks off today with a novelty football match at 4 pm between NBA PH FC and Rivers Angels FC. The venue is the Goldashe Football Pitch, Rivers State University, Port Harcourt.

An exciting list of all confirmed speakers for the technical sessions has now been released by the Branch leadership.

Leading the stellar cast of speakers for the Opening Ceremony to be chaired by Justice Mary Ukaego Peter-Odili, retired justice of the Supreme Court, is the Keynote Speaker and foremost corporate lawyer, Mr. George Etomi. He will dissect the theme of the Law Week titled “Rule of Law and Socio-Economic Stability: Impact on the Legal Profession.”

Discussants for the Keynote Address include Hon. Justice T. S. Oji; Mr. Ayodeji Adedipe SAN and Dr. Chamberlain Peterside (DG, Rivers State Investment Promotion Agency). HRH David David Serena-Dokubo Spiff (ADA AMA VIII of Twon Brass) will moderate the panel session.

Other confirmed speakers are Mrs. Miannaya Essien SAN; Mr. Tonye Krukrubo SAN; Chief O. T. Amachree; Dr. Vetty Agala, and Dr. Ovundah Nyeche. They will x-ray the topic, “Career and Law Practice Development.” The session, to be moderated by Esosa Omo-Usoh, aims to address ways of building a viable law practice, futuristic legal practice, and stress management techniques among others.

The Mentorship Seminar for young lawyers has as its sub-theme, “Mentorship: Attaining excellence in the legal profession.” The panelists include Mr. Oyetola Atoyebi SAN; Mr. Michael Numa SAN and Mrs. Oyinkansola Badejo-Okusanya while the Moderator/Alternate Chairman is Mr. Tonye Krukrubo SAN. The Host for the session is HRH David David Serena-Dokubo Spiff, Chairman of the Mentoring Committee.

Aside from NBA President, Mr. Afam Osigwe SAN, many leading lights of the Bar and Bench are expected to storm Port Harcourt for this year’s Annual Law Week.

The Annual Law Week, which holds from 2nd December to 6th December, 2024, will apart from the Continuing Legal Education (CLE) sessions, also feature sports events, welfare visits and Annual Law Dinner. The sessions are anchored by the Chairman of the Branch CLE Committee, Mr. Henry C. Chibor while Mr. Joseph Ekwueme is the Chairman of the 2024 Law Week Committee.

To register, click here

Sponsors are also invited to support the branch as well as spotlight their brands by sponsoring the CLE sessions. Interested sponsors and advertisers should contact Grace Ajaegbo, Secretary of the Law Week Committee, on 08032564990.

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A major development in the build-up to the 2026 Nigerian Bar Association (NBA) presidential election emerged at the weekend as one of the strong hopefuls, Dr. Babatunde Ajibade SAN said he would not contest the election.

CITY LAWYER recalls that Ajibade, a highly respected senior lawyer, was the runner-up to former NBA President, Mr. Olumide Akpata during the 2020 edition of the NBA presidential election. While Akpata polled 9,891 votes to win the tripodal election, Ajibade polled 4,328 votes while returnee candidate Chief Dele Adesina SAN garnered 3,982 votes.

Ajibade’s strong showing surprised bookmakers, given that he was seen as a new-kid-on-the-block who somewhat upstaged Adesina, a battle wearied NBA political warhorse.

NBA political watchers had anticipated that Ajibade may be the candidate to beat in the 2026 election, given his strong showing in the 2020 election cycle as well as his reputation as a ‘gentleman.’

But all this has become academic as Ajibade told CITY LAWYER at the weekend that he would not join the fray in the 2026 presidential election. Asked whether he would throw his hat into the ring, Ajibade said: “I am not running!”

Prodded further on whether he is likely to change his mind along the way, he asked: “What will make me do that?” adding that he is “categorical” about his position.

Though the senior lawyer did not proffer any reason for his decision, a top political associate told CITY LAWYER that the decision is not unconnected with the controversies that trailed last year’s NBA presidential election.

His words: “His decision is based essentially on Chukwuka’s (Ikwuazom) experience during the last election. Until there is transparency in NBA Elections, decent people are likely to shun the exercise than waste their precious time.”

In a “Thank You” message to his supporters after the election, Ajibade wrote:

CITY LAWYER recalls that Ikwuazom had sensationally pulled out of the presidential election midstream, citing sundry irregularities. His quest for access to the voting resources in order to audit the election was turned down by the Electoral Committee of the NBA (ECNBA), citing data privacy reasons among others.

With Ajibade quitting the stage, the coast is now clear for other aspirants to slug it out at the poll for the coveted position of NBA president.

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