The Nigerian police have filed cybercrime charges against activist lawyer Dele Farotimi, following allegations of criminal defamation made by Senior Advocate of Nigeria and Afe Babalola University founder, Afe Babalola.
The charges, brought before a Federal High Court in Ado Ekiti on Friday, include 12 counts under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015. These charges come in addition to 16 counts of criminal defamation already filed against Mr. Farotimi at a Chief Magistrate’s Court in Ado Ekiti earlier in the week.
The case stems from Mr. Farotimi’s book, Nigeria and its Criminal Justice System, in which Mr. Babalola alleges he was defamed. Specific claims from the book accuse Mr. Babalola of corrupting the Nigerian Supreme Court to obtain fraudulent judgments for his clients.
The new cybercrime charges largely focus on Mr. Farotimi’s online interviews where he reiterated allegations from his book. One of the charges alleges that Mr. Farotimi intentionally transmitted false information “for the purpose of causing a breakdown of law and order,” an act punishable under Section 24(1)(b) of the Cybercrimes Act.
On Wednesday, Mr. Farotimi pleaded not guilty to the criminal defamation charges at the Magistrate’s Court. The court, presided over by Chief Magistrate Abayomi Adeosun, ordered his remand at the Ado Ekiti Correctional Centre pending a formal bail application. The case was adjourned to December 10 for a hearing on the bail request.
Meanwhile, the fresh cybercrime charges filed by the police have not clarified whether both sets of charges will proceed simultaneously or if the magistrate’s court case will be dropped.
Among the fresh charges, Mr. Farotimi is accused of making defamatory statements in an online interview on August 28, 2024, during the Mic On Podcast hosted by Seun Okinbaloye. One charge states:
“That you, Dele Farotimi, knowingly and intentionally transmitted communication in an online interview … wherein you stated that: ‘Aare Afe Babalola corrupted the judiciary,’ which you know to be false information for the purpose of causing a breakdown of law and order.”
The prosecution, led by Samson Otsubu, has emphasized the gravity of the allegations, arguing that Mr. Farotimi’s statements were intended to harass and bully Mr. Babalola while undermining public trust in the judiciary.
In response, Mr. Farotimi’s legal team has maintained his innocence, arguing that his comments were based on facts presented in his book and intended to spotlight systemic issues in Nigeria’s criminal justice system.
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