On December 9, 2024, the Federal High Court in Ado-Ekiti granted N50 million bail to human rights activist Dele Farotimi with conditions including a surety possessing equivalent landed property.
This ruling follows charges filed by the Inspector-General of Police, accusing Farotimi of cybercrime related to the alleged defamation of Chief Afe Babalola in his book, Nigeria and Its Criminal Justice System.
Notably, prison officials produced Farotimi in handcuffs during his arraignment. However, The court adjourned the case until January 29, 2025.
Read also: Unauthorized video recording: What the law says
Specific Allegations Against Dele Farotimi
Dele Farotimi faces 12 counts of cybercrime, filed by the Inspector-General of Police, primarily related to the alleged defamation of Chief Afe Babalola.
Farotimi is accused of making defamatory statements about Chief Afe Babalola during online interviews, particularly on the Mic On Podcast, where he allegedly claimed that Babalola corrupted the judiciary.
Specific allegations include knowingly transmitting false information intended to disrupt public order and violating Section 24(1)(b) of the Cybercrimes Act. Additionally, he is charged with making defamatory remarks during a press conference regarding his book, Nigeria and its Criminal Justice System.
12 Count Charges against Dele Farotimi
- Count 1: Knowingly and intentionally transmitted communication in an online interview stating that “Aare Afe Babalola corrupted the judiciary.”
- Count 2: Knowingly and intentionally transmitted communication in an online interview with the intention of bullying and harassing regarding “Aare Afe Babalola corrupted the judiciary.”
- Count 3: Intentionally sent a message during a press conference claiming there is a charge against him at the instance of Chief Afe Babalola, which he knew to be false.
- Count 4: Intentionally sent a message during a press conference with the intention of bullying and harassing regarding the charge against him at the instance of Chief Afe Babalola.
- Count 5:Knowingly and intentionally transmitted communication stating, “If Aare Afe Babalola is the only person licensed to enjoy that level of impunity.”
- Count 6:Knowingly and intentionally transmitted communication stating that he challenged Aare Afe Babalola’s corrupting influence in the judiciary.
- Count 7: Knowingly and intentionally transmitted communication stating that he sued Aare Afe Babalola for libel and faced corruption in the legal process.
- Count 8:Knowingly and intentionally transmitted communication stating that individuals must speak against an evil system.
- Count 9: Knowingly and intentionally transmitted communication regarding his personal experiences with a judge related to Aare Afe Babalola.
- Count 10: Intentionally sent a message during a press conference claiming, “I told the truth of his corruption of society,” knowing it contained false information.
- Count 11: Intentionally sent a message during a press conference with the intention of bullying and harassing regarding his statement about corruption in society.
- Count 12: Intentionally sent a message during a press conference stating that “Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment.”
What the law says on the use of handcuffs
Section 7 of the Administration of Criminal Justice Act (ACJA) highlights when a suspect could be handcuffed and subjected to restraint.
The section states that “a suspect or defendant may not be handcuffed, bound or be subjected to restraint except:
“(a) there is reasonable apprehension of violence or an attempt to escape.
“(b) the restraint is considered necessary for the safety of the suspect or defendant, or
“(c) by order of a court.”
This indicates that it is unlawful for police or other law enforcement officers to use handcuffs or any other restraining devices or methods on a suspect who voluntarily submits to arrest without engaging in any form of violence.
Legal Framework on Cybercrime
Section 39 of the Constitution provides that: (1) every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
Section 45 of the Constitution provides: (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution, shall invalidate any law that is reasonably justified in a democratic society-
- In the interest of defense, public safety, public order, public morality or public health; or
- For the purpose of protecting the rights and freedom of other persons.
Section 24(1) of Cybercrime Act 2024 states that “Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that is ;
(a) Pornographic: or
(b) He knows to be false, for the purpose of causing a breakdown of law and order, posting a threat to life or causing such a message to be sent. commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”
Defenses against Cybercrime
Defenses against charges under Section 24(1)(b) of the Cybercrimes Act and Section 45 of the Nigeria Constitution include:
- Truth Defense: Asserting that the statements made were true, negating the claim of knowingly transmitting false information.
- Lack of Intent: Arguing that there was no intention to cause disorder or harassment, highlighting good faith in the communication.
- Public Interest: Contending that the remarks were made to address significant societal issues rather than inciting disorder.
Public reaction to Dele Farotimi’s handcuffing and the N50 million bail
- Reacting on X, a popular lawyer and rights activist, @InibeheEffiong, said: “Can @CorrectionsNg explain why they had to handcuff @DeleFarotimi while taking him to the Federal High Court in Ado Ekiti this morning for arraignment? This is preposterous. He did not pose any threat, and did not resist being taken to court. Dele Farotimi is a political prisoner and will come out stronger.”
- Also, Oby Ezekwesili, a former minister of education and social critic, on her handle @obyezeks, said: “So the gross absurdity of handcuffing @DeleFarotimi was lost on the Prisons Service? What crime is the @NigeriaGov @PoliceNG really prosecuting @DeleFarotimi for at this stage because how did a civil matter between Dele Farotimi and Chief Babalola morph into the strongest evidence of why Citizens now sadly lack trust in and believe that our Judiciary is fully captured by Nigeria’s irresponsible political class? This reckless desecration of all public institutions under this administration of @officialABAT will not sustain. Never.
The Minister of Interior- Olubunmi Tunde-Ojo @BTOofficial who is in charge of @CorrectionsNg and Prisons has to explain the basis of those handcuffs on Mr Farotimi and immediately take steps to correct repeat of such anomaly by overzealous officers.
“Those pushing this gross violation of Citizen-Farotimi’s constitutional rights should advise themselves now and cease pushing forward the shenanigans playing out on this matter. Enough is Enough!
“Stop assaulting the sensibilities of Nigerians any further. Let the 2 citizens involved in this matter engage the courts using appropriate judicial processes for addressing allegations of defamation.
Wisdom is profitable to direct. Therefore, get wisdom: and with all thy getting get understanding as the book of Proverbs advises the young and the old alike.”
- Isaac Fayose wrote: “Dele Farotimi in handcuffs, Yahaya Bello walking majestically; tale of two justice systems.”
- Omoyele Sowore via his X handle on Monday.
“The first hurdle was crossed. #DeleFarotimi was granted bail of N50 million, surety in the like sum, someone with landed property. The case was adjourned to January 29, 2025,” the tweet reads.
