₦airaland Forum

Thundafireseun:
Make ur research Courts are on strike now ….

Afe Babalola is suing Dele for Defamation of character….

Don’t pretend you don’t know that defamation of character is a big offence

Afe Babalola is not suing Dele Farotimi. I absolutely do not know where you got that from. What Afe Babalola is doing is using the Ekiti State Police Ommand to harras and intimidate Dele Farotimi under the guise of investigating and prosecuting Dele Farotimi for defamation.

When Falana felt defamed by the VeryDarkMan, he approached the Courts and sued VDM. That is the honourable thing for Afe Babalola to do and not recourse to using Police to settle scores, particularly in Ekiti State where Afe Babalola is a demi-god and the highest employer of labour in the State.

It is instructive to note that under Lagos State Laws, where they abducted Dele Farotimi from, defamation is not a crime. It is a civil matter.

Of course defamation is a serious issues and that is why Courts award stiff penalties for damages to guilty parties.

Buccalcavity2:
By "he has done nothing illegal". I refer to Afe. Not your Dele. You and I are in no position to say Dele defamed or not. I asked you to point to illegality in seeking police to intervene in defamation! You could not because there is no law against it!
It's like you understand in reverse. So learn to understand context.
2 private citizens have issues. One wrote a book. The other is saying the book violates my right. Citizen can go to court directly or ask police to help him enforce his right. He chose the latter. That process has nothing inherently wrong.
If you have a problem with the manner police did their job, sue the police. Don't condemn a private citizen for seeking legal alternative. That's a call for anarchy.
Meanwhile both of them got money from their clients to do their jobs and didn't share with you and I. Why the hell should the SM space be bothered about their private dealings!

Your last paragraph is why I’m closing the argument… I didn’t read you out of context, if by your assertion now, you shouldn’t have made your words seems like a criticism since you were referring to Afe, anyone that read your first statement will see it in that light

seunmsg:
The case of Aviomoh v C.O.P. (2022) NWLR (pt. 1819)69 is in fact an authority that defamation is both tort and a crime. In the wisdom of the Ogunwumiju JSC, he stated on page 116 particularly at paragraph A as follows: My Lords, I need to re-emphasize that defamation is both a tort and a crime*.
The learned Justice of the apex Court further stated that when the wrong occasioned by defamation cannot he adequately remedied by a civil action ith the award of damages, same can be prosecuted under criminal law

Please take time to read through the entirety of the Apex Court Judgement in the case you cited. Justice Ogunwumiju JSC concluded that criminalizing defamation was unconstitutional in view of Section 39(1) of the Nigerian Constitution. The learned jurist also affirmed that criminalizing defamation was not necessary in a democratic society to achieve the objecfive of righting the wrong done and also affirmed that civil suit is the least intrusive approach to deal with matters of defamation.

See NBA Statement on the issue here to educate you further:

https://x.com/afamosigwe/status/1864048498473050291?t=akKhBulElsgV7onxGMbt5g&s=19

You may also read the detailed analysis by Leke Kevin defamation on LinkedIn on the issue of decriminalization defamation based on the Ogunwumiju case you cited.

https://www.linkedin.com/posts/lekekehindemciarb_deconstructing-the-criminalisation-of-defamation-activity-6913091644883968000-JwAv

I do not want to believe that Chief Afe Babalola does not know that the best and most honourable course is to file a Civil Suit against Dele Farotimi. He most likely chose to avoid the Courts for a reason, and the undenied claim in Dele Farotimi's book that he filed a civil suit for libel against Chief Afe Babalola before the book in question was written and the case was stiffed gives one some line.of thinking on the matter.

floss:
Your last paragraph is why I’m closing the argument… I didn’t read you out of context, if by your assertion now, you shouldn’t have made your words seems like a criticism since you were referring to Afe, anyone that read your first statement will see it in that light

I've been pretty consistent from word go! You did read out of context and accused me of same. I criticized you, not any of the parties.
Why crucify the SAN for seeking legal route to enforce his right?
I personally detest cancel culture on SM, to hound people. If it's not illegal to pursue your case personally in court or ask law enforcers to do it for you, why harass one party?
Case is in court whats the value of debate? To compel one party or exonerate the other?
Elite against Elite, nothing concern masses.

Buccalcavity2:
I've been pretty consistent from word go! You did read out of context and accused me of same. I criticized you, not any of the parties.
Why crucify the SAN for seeking legal route to enforce his right?
I personally detest cancel culture on SM, to hound people. If it's not illegal to pursue your case personally in court or ask law enforcers to do it for you, why harass one party?
Case is in court whats the value of debate? To compel one party or exonerate the other?
Elite against Elite, nothing concern masses.

👍

Babinski:
Please take time to read through the entirety of the Apex Court Judgement in the case you cited. Justice Ogunwumiju JSC concluded that criminalizing defamation was unconstitutional in view of Section 39(1) of the Nigerian Constitution. The learned jurist also affirmed that criminalizing defamation was not necessary in a democratic society to achieve the objecfive of righting the wrong done and also affirmed that civil suit is the least intrusive approach to deal with matters of defamation.

See NBA Statement on the issue here to educate you further:

https://x.com/afamosigwe/status/1864048498473050291?t=akKhBulElsgV7onxGMbt5g&s=19

You may also read the detailed analysis by Leke Kevin defamation on LinkedIn on the issue of decriminalization defamation based on the Ogunwumiju case you cited.

https://www.linkedin.com/posts/lekekehindemciarb_deconstructing-the-criminalisation-of-defamation-activity-6913091644883968000-JwAv

I do not want to believe that Chief Afe Babalola does not know that the best and most honourable course is to file a Civil Suit against Dele Farotimi. He most likely chose to avoid the Courts for a reason, and the undenied claim in Dele Farotimi's book that he filed a civil suit for libel against Chief Afe Babalola before the book in question was written and the case was stiffed gives one some line.of thinking on the matter.

Let the court decide. I’m done with this argument.

seunmsg:
Let the court decide. I’m done with this argument.

It is clear that what Afe Babalola wants is not for the Court to decide but for the Police to punish Dele Farotimi.

In a Civil Case, Dele's freedom cannot be restricted but with the Police case we have him being remanded in prison without being convicted. And for the entire duration of the case, that may be the trend. During all that period of denial of his freedom, if he has a business, the business could crumble and his family suffer his absence financially, physically and emotionally.

We know how the Police handle cases and delays known with Courts in Nigeria. The case could take years while the man suffers.

If at the end of the day Dele Farotimi is freed by the Courts after suffering loss of freedom and all sorts, what are the remedies to his loss? He cannot sue Afe Babalola because the case was purportedly investigated by the Police and they were the one who arrested and charged him to Court. And suing the Police is out of it simply because they arraigned and prosecuted him.

So at the end of the day, the man suffers for nothing. He may even die in prison during the trial from health issues, etc. For Afe Babalola to be accused of compromising the judiciary, if the allegation is true, then compromising the Police or Correctional Service is child's play to do whatever he wants to Dele there in Ekiti State where Babalola is a demi-god.

All the needless suffering that Dele would go through is why Justice Ogunwumiju JSC in Aviomoh v. Commissioner of Police & Anor, affirmed that criminalizing defamation is unconstitutional in view of Section 39(1) of the Constitution and it is an intrusive approach because the suspect could get punished even being innocent.

All these are not lost of Chief Afe Babalola. And that is why everyone should rise up to condemn him and the Nigerian Police on this issue. Let Afe Babalola file a civil case for libel or defamation and leave the Police out of it. Let the Court decide without punishing the defendant while the case is ongoing.

I was very careful in my submission concerning a JSC's pronouncement being a law. According to your narrative in trying to defend your position, I was specific about the statement of a JSC becoming a law... You have shifted the goal post to talking about "The judgment of the Supreme Court" which was not the issue.

Secondly, if a case is clearly a civil matter, it is NOT within the right of the petitioner to pursue it as a criminal one. The court should have called the petitioner to order, making him to understand where his petition belong...civil and not criminal... but alas, this is Nigeria!

seunmsg:
The judgement of the Supreme Court is a law except it is departed from or a new law is made to remedy it.

The case does not need to be tried as a civil case first before determining if civil fines will be enough remedy. If the petitioner feels right from the start that he want to pursue criminal charges, that’s his choice. You can’t beat someone and still dictate to the person how to cry.

My brother, in a normal circumstance, how does a police suppose to act on a petition?
.. Arrest immediately?
.. Carry out investigation before arrest?
.. Threaten and harass
.. Write a petition and submit to the court immediately?
Or how please?

Mrtesso:
The Police is acting and prosecuting based on a petition claiming criminal defamation. It’s a process I believe is not neo to you.

GardenOfGod:
I was very careful in my submission concerning a JSC's pronouncement being a law. According to your narrative in trying to defend your position, I was specific about the statement of a JSC becoming a law... You have shifted the goal post to talking about "The judgment of the Supreme Court" which was not the issue.

Secondly, if a case is clearly a civil matter, it is NOT within the right of the petitioner to pursue it as a criminal one. The court should have called the petitioner to order, making him to understand where his petition belong...civil and not criminal... but alas, this is Nigeria!

Lmaooo. When did JSC start making statement? When you talk about judgement of the Supreme Court, is it not a JSC that will deliver the judgement?

The extract of the judgement that I shared with you is very clear. A petitioner can decide whether he wants to pursue civil or criminal charges against a defamer. The choice of the legal course to take is not for you to decide. The petitioner in this case has decided to pursue a criminal case and it’s left for the accused to defend himself.

Well, you know that Mr Dele is not a novice in what he's gotten himself into... He was and is clearly aware of what he was doing... For sure I believe he has quantum of evidences against Afe. But let the court exonerate itself from Mr Dele's accusations by proving that the court could be trusted and not corrupt.

dalitigator:
It is deeper than you know. The question is how will Mr. Dale proof all he said in his book? Does he have the evidence of how the corruption took place and under what medium? It is a long thing bro.

He should have his day in court anyway. But I am still not certain if his end game. Doesn't add up. Maybe 2027 sha. That is the only angle that works. Use this medium to get the politician's strength and then become like them. Just like Sowore and the rest.

seunmsg:
The case of Aviomoh v C.O.P. (2022) NWLR (pt. 1819)69 is in fact an authority that defamation is both tort and a crime. In the wisdom of the Ogunwumiju JSC, he stated on page 116 particularly at paragraph A as follows: My Lords, I need to re-emphasize that defamation is both a tort and a crime*.
The learned Justice of the apex Court further stated that when the wrong occasioned by defamation cannot he adequately remedied by a civil action ith the award of damages, same can be prosecuted under criminal law

At the bolded... This is the evidence to show that you quoted a JSC statement as if a law! And you make it as if its a LAW!!

GardenOfGod:
At the bolded... This is the evidence to show that you quoted a JSC statement as if a law! And you make it as if its a LAW!!

Ogunwumiju JSC read the lead judgement in the case. He was giving judgement and not expressing a personal opinion. What is there to argue over?

GardenOfGod:
Well, you know that Mr Dele is not a novice in what he's gotten himself into... He was and is clearly aware of what he was doing... For sure I believe he has quantum of evidences against Afe. But let the court exonerate itself from Mr Dele's accusations by proving that the court could be trusted and not corrupt.

Let time tell. Time is the only truth and revealer there is. Can't be corrupted..

maasoap:
What's a lawful detention if I may ask you? Or, there shouldn't be detention at all? Or may be all detentions are unlawful?

I don’t know exactly what processes have been followed in respect to Mr Dele and the exact duration of lawful detention in Nigeria. But every country has conditions that determine if a detention is legal or not.

Attached is what’s obtainable in the UK.

Caseless:
Even in developed societies, you have big lawyers like Afe Babalola - they may not be actually compromising the Judges, they just know how to be good at their profession.

Dele might want to appear like an activist, but he went too far mentioning names in his book. He gave them too much to nail him with. He's controversial and want to court attention in some cases, but he's right about our judicial system.

True, but you see, it’s in the best interest of every patriotic Nigerian to blow the embers of the fire Mr Dele has started.
The rot in our judiciary stinks to high heavens and if Mr Dele is the harbinger of the much desired change then so be.
Judges are mortal gods and should be conscientious and upright in the execution of their duties.
Lawyers pay for adjournments to frustrate plaintiffs, this I have seen.

How many times have you heard of public defenders winning cases against the state in Nigeria, very rare?
During a forensic course I did, I got to know of people that had sued the American government and won.

When you fell an Iroko, where it falls clears a path.

Baxilexi:
True, but you see, it’s in the best interest of every patriotic Nigerian to blow the embers of the fire Mr Dele has started.
The rot in our judiciary stinks to high heavens and if Mr Dele is the harbinger of the much desired change then so be.
Judges are mortal gods and should be conscientious and upright in the execution of their duties.
Lawyers pay for adjournments to frustrate plaintiffs, this I have seen.

How many times have you heard of public defenders winning cases against the state in Nigeria, very rare?
During a forensic course I did, I got to know of people that had sued the American government and won.

When you fell an Iroko, where it falls clears a path.

Anything to reform the judiciary, police and INEC, I'm for it.

This 3 institutions might trigger a violent revolution in Nigeria and it might consume everyone. Judiciary is a mess.

Afe Babalola ought to be ashamed of himself

Greedy to the Grave