Is the Nigerian legal system proving Farotimi right?

The case of Dele Farotimi, a prominent Nigerian human rights activist and lawyer, has once again drawn attention to the complexities and perceived flaws within the Nigerian legal system. Farotimi, who was arrested on allegations of defamation filed by lawyer Chief Afe Babalola (SAN), has faced a series of legal hurdles that seem to raise critical questions about the independence, efficiency, and fairness of Nigeria’s judicial processes. His case, which spans two courts and multiple charges—including cybercrime and criminal defamation—has turned into a litmus test for the integrity of the Nigerian legal system.

Background of the case

Dele Farotimi was arrested following a petition by Chief Afe Babalola, who accused the human rights lawyer of defamation over statements made in his book Nigeria and its Criminal Justice System. In the book, Farotimi alleged that Babalola had compromised the integrity of the Nigerian Supreme Court. The accusation led to charges of defamation and cybercrime, with Farotimi appearing before both the Federal High Court and a magistrate court in Ado-Ekiti.

Despite being granted bail by both courts—each with their respective conditions—Farotimi’s release was delayed by bureaucratic hurdles and procedural inefficiencies. The Federal High Court granted him N50 million bail with conditions requiring sureties and verification of documents, while the Magistrate Court granted him N30 million bail with additional stipulations, including the surrender of his passport. Despite these rulings, Farotimi remained in detention for weeks due to delays in completing the necessary paperwork and formalities.

The delays and bureaucratic hurdles

The question that many are now asking is: Why did these delays occur despite the courts granting bail?

Farotimi’s supporters point to bureaucratic inefficiencies and a lack of urgency within the judicial system as key factors in the prolonged detention. Sources close to the case revealed that while the documents submitted by Farotimi’s sureties had been verified, the judge had yet to sign off on them, preventing the prison authorities from releasing him. The magistrate court’s failure to finalise the bail formalities after its ruling only added to the confusion, with no clear explanation as to why these delays persisted.

This situation exemplifies the systemic inefficiencies that have plagued Nigeria’s judicial process for years. The fact that a bail granted by two different courts could be stalled due to procedural delays highlights the challenges faced by activists, lawyers, and ordinary citizens seeking justice within the Nigerian legal framework.

 “The fact that a bail granted by two different courts could be stalled due to procedural delays highlights the challenges faced by activists, lawyers, and ordinary citizens seeking justice within the Nigerian legal framework.”

The political undertones

The legal battle between Farotimi and Afe Babalola also underscores the potential for political influence in the legal system. Farotimi, a vocal critic of the Nigerian government and its institutions, has long been involved in human rights advocacy, and his arrest is seen by many as an attempt to silence dissent. The involvement of influential figures like Babalola, a Senior Advocate of Nigeria, further complicates matters, suggesting that the case is not merely about defamation but could be intertwined with political motivations.

The arrest of a prominent figure like Farotimi—whose activism has made him a target of government critics—raises significant questions about the role of the legal system in protecting the rights of individuals who challenge the status quo. In a democracy, the legal system is expected to be impartial, but Farotimi’s case paints a different picture, one in which the legal machinery appears to be used to settle personal scores rather than uphold justice.

Public reactions and legal activism

Farotimi’s prolonged detention sparked outrage among various civil society groups, political leaders, and legal professionals. High-profile figures like Omoyele Sowore, the 2023 presidential candidate of the African Action Congress (AAC), and Senior Advocate of Nigeria Femi Falana condemned the arrest, labelling it illegal and politically motivated. Their calls for Farotimi’s release reflect a growing concern over the increasing politicisation of legal processes in Nigeria.

The case has become a rallying point for those advocating for judicial reforms and a fairer legal system. Farotimi’s supporters argue that the delays and legal battles are not just a personal attack on him but a larger indictment of a legal system that struggles to deliver justice in a timely and efficient manner. If a respected lawyer like Farotimi can be subjected to such prolonged detention despite being granted bail, what does that say about the state of justice in Nigeria for the average citizen?

Is Farotimi right?

The bigger question at hand is whether the Nigerian legal system is proving Farotimi right in his critique of its inefficiencies and lack of independence. Farotimi, whose book and statements have made him a controversial figure, has long spoken out about the weaknesses within the Nigerian judicial system. His prolonged detention, despite legal rulings in his favour, seems to validate some of his claims. The bureaucratic delays, political undertones, and lack of swift action in processing his bail paint a grim picture of a system that is often slow, cumbersome, and susceptible to influence.

In this sense, Farotimi’s case serves as a reminder of the urgent need for judicial reforms in Nigeria. It calls attention to the need for an efficient, independent, and transparent legal system that can operate free from political influence. Farotimi may have been the latest victim of these systemic flaws, but his case highlights a broader issue that affects many Nigerians who seek justice.

The case of Dele Farotimi serves as a critical moment in the ongoing struggle for justice, human rights, and legal reform in Nigeria. It underscores the complexities and flaws within the Nigerian legal system, where bureaucratic inefficiencies, political influence, and procedural delays often overshadow the pursuit of justice. Whether Farotimi’s case will lead to meaningful reforms remains to be seen, but for now, it stands as a stark reminder of the challenges faced by activists and ordinary citizens in navigating a legal system that has yet to fully live up to its democratic ideals.

Dr Brian Reuben is the Executive Chairman of the Sixteenth Council