As Afe Babalola confronts Dele Farotimi over defamation

This week, the legal confrontation between Aare Afe Babalola, SAN, and a younger lawyer, Dele Farotimi, dominated social media. It is also featured on mainstream media platforms, from print to broadcast.

Chief Afe Babalola sued Farotimi for allegedly defaming him in Farotimi (2024), Nigeria and its criminal justice system. Cops from the Ekiti State Police Command came to Lagos and took Farotimi to Ado-Ekiti, the Ekiti State capital. A magistrate denied him bail and jailed him until 10 December for hearing of the case. The police applied for time to conclude their investigation.

The case has brought up some issues.

1. In Nigerian jurisprudence, there are two ways to handle defamation: the offended party can sue in a civil action, or the aggrieved party can petition the Nigerian Police. One route is civil libel, and the other is criminal libel.

2. Nigeria’s Cybercrimes Act 2015 is one of the laws that makes defamation a criminal tort.

Citizens have weighed in on why Chief Babalola followed the report-to-the-police route.

Meanwhile, on Thursday, December 5, the media reported that Farotimi’s book had sold out due to a rush by people who wanted to read it before the trial.

Nigeria’s romance with France

President Bola Tinubu’s three-day state visit to France recorded many positives. It also raised serious concerns with sections of the public.

Historical ties between Nigeria and France have been minimal. The elaborate reception and diplomatic red carpet for Tinubu raised concerns, given the backdrop of France’s worsening relationship with Nigeria’s Sahel neighbours.

President Tinubu’s state visit to France led to the signing of several agreements related to infrastructure, agriculture, renewable energy, and healthcare. Both nations aim to strengthen their strategic partnership, focusing on economic cooperation, security, and cultural exchange.

Nigeria seeks to diversify its economic partnerships and reduce dependence on traditional partners.

Criticisms

While the renewed relationship between Nigeria and France holds promise for economic cooperation and development, it has also drawn criticism from various quarters. Here are some of the key criticisms:

1. Neocolonialism Concerns: Some critics argue that France’s involvement in Africa, including Nigeria, has historical roots in colonialism and neocolonialism. They worry that new agreements and partnerships might perpetuate these dynamics, with France exerting undue influence over Nigeria’s economic and political decisions.

2. Questionable Track Record in Africa: Critics point to France’s involvement in conflicts and instability in other African countries, such as Mali and Niger. They question the sincerity of France’s intentions and its ability to be a reliable partner.

3. Diversification Concerns: Some argue that Nigeria should diversify its partnerships beyond traditional Western powers and explore opportunities with emerging economies, particularly in Asia. Over-reliance on a single partner, especially one with a history of colonial influence, could limit Nigeria’s options.

4. Transparency and Accountability: Critics emphasise the need for transparency and accountability in all deals and agreements with France. It’s essential to ensure that these partnerships benefit the Nigerian people and do not lead to corruption or exploitation.

The tax reform bill and debate

The National Assembly continued debating the proposed reform of Nigeria’s taxation laws. It has caused intense debate and disputation.

Many have resorted to Nigeria’s geopolitical fault lines.

Here is a view from the North seeking balance and understanding.

THE TAX REFORM BILL SPEAKS TO THE VERY BASIS OF NIGERIA’S EXISTENCE

The debate on the Tax Reform Bill is the latest manifestation of deep issues within our federation. This is normal for a country that is less than a hundred years old and has a diverse population. From time to time, critical issues arise that force the parts of every country to negotiate and agree on acceptable terms. This is especially crucial for countries like Nigeria, where these conversations did not happen initially. Although we had constitutional conferences in London under colonial supervision and instruction, many issues were swept under the carpet because of this. Some of these issues led to the Civil War and many crises in the nation’s life.

At the core of these issues is the feeling that some parts of the country burden the rest of the federation. In contrast, others believe each region/state should develop at its own pace, with a weaker federal government and greater control of resources by the states. They believe resources should be shared based on derivation, not equality of states or population. While it was possible to suppress these agitations in the past, especially under military rule, it is impossible to keep kicking the can down the road forever, especially in today’s information technology and democracy.

The states that feel strongly against any fiscal or political restructuring have minimal time to accept the reality of these changes, whether they like it or not. The best they can do is negotiate a slower process that allows them to reposition their states and regions to be more competitive in the new federation that will emerge sooner rather than later. I hope that is what they are doing because this crisis only highlights that without FAAC and VAT, some states cannot survive, are not viable, and do not bring value to the table.

Next year, we will have a census, and if you think this tax reform matter is a crisis, you haven’t seen anything yet. Many things in Nigeria today are based on population, from revenue allocation to political representation in constituencies, local governments, states, ministers, judicial appointments, and National Assembly members. The infamous quota system, equality of states, and population have led to accusations among constituent parts of the federation of trying to gain an unfair advantage by inflating their population. For example, we have all heard allegations of livestock being counted in the North, made popular by the South-West press. So, to expect a smooth process is fanciful at best but foolish if we are being realistic.

The President is representing a constituency that has, from the beginning of this journey in 1960, always called for the country’s reform along these lines. The long military rule had truncated those aspirations for so long. Still, now in power, he looks determined to shape the nation’s destiny more than any other president. Tinubu will attempt to restructure Nigeria via reforms since constitutional conferences have failed to achieve the goals of the South-West or address the agitations of marginalisation by the South-East or environmental degradation of the South-South or the political aspirations of the North Central Christian minorities. That is going to be the legacy of President Tinubu.

Whether the Northern Governors like it or not, this Tax Reform Bill is not the last attempt at restructuring by PBAT. It is up to them, as the political leaders of the north and the custodians of the vision of Sardauna, to liberate their people from the shackles of poverty, disease, illiteracy, and terrorism. No one will do it for us, whether in Nigeria as we know it today or in any future political union. The handwriting has been on the wall for a while now, but as they say, ‘Objects in mirrors are closer than they appear.’