The Legal Practitioners Disciplinary Committee (LPDC) has declined a request to disbar human rights lawyer Dele Farotimi over allegations of criminal defamation against legal luminary and Senior Advocate of Nigeria, Aare Afe Babalola. The LPDC ruled that it lacked jurisdiction to entertain the petition filed by Mr. Ola Faro, a lawyer in Babalola’s law firm, and advised that such grievances be pursued through regular courts.
Background of the Case
The controversy stems from Farotimi’s book, Nigeria and Its Criminal Justice System, which allegedly made claims of corruption, bribery, and unethical practices involving judicial officers and members of the legal profession. In the book, Farotimi referenced Supreme Court Case No. SC/146/2006 between Major Muritala Gbadamosi Eletu and HRH Oba Tijani Akinloye and others, suggesting judicial misconduct and systemic issues.
Afe Babalola, through his associate Ola Faro, accused Farotimi of defaming him and distorting the facts of the referenced case. The petitioner argued that Farotimi’s book violated several sections of the Rules of Professional Conduct for Legal Practitioners, 2023, and sought his disbarment.
LPDC’s Decision
On Tuesday, LPDC Chairman Justice Isaq Bello, delivering the committee’s report (B8B/LPDC/1571/2024) in Abuja, stated that the allegations pertained to Farotimi’s role as an author rather than his professional conduct as a lawyer.
“The publication is an intellectual property and not a conduct or action committed while practising as a legal practitioner. All aggrieved parties who find the publication defamatory should ventilate their grievances through the regular courts,” the LPDC declared.
The LPDC emphasized that it was not empowered to adjudicate on matters involving publications and intellectual works, concluding that the request for disbarment could not be granted.
Criminal Proceedings
The defamation case has also led to criminal proceedings against Farotimi. He was arraigned twice—first in a magistrates’ court in Ado-Ekiti and later at the Federal High Court in Ekiti—on charges of criminal defamation. On both occasions, Farotimi pleaded not guilty and was granted bail.
After being detained since December 4, Farotimi regained his freedom on Tuesday upon meeting bail conditions set by the magistrates’ court, including a N30 million bond.
Farotimi’s Response
In a video message shared after his release, Farotimi expressed gratitude to his supporters and reiterated his commitment to truth.
“It is not ever an easy journey when you are fighting evil, but some years back, before I started this work, God told me that the truth is enough. It is the only weapon with which you can slay the monster called Nigeria. In my war against the evil empire that we all live in, I have never lied against anyone. If I don’t know, I will say I don’t know,” Farotimi said.
Next Steps
The LPDC’s ruling shifts the focus back to the ongoing court cases, where Babalola and his legal team are expected to pursue the defamation claims. Meanwhile, Farotimi’s release marks a temporary reprieve in a case that has drawn significant attention within Nigeria’s legal and activist communities.
