*Says Farotimi Case Highlights ‘Captured’ Judiciary
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In a recent interview with Rudolf Okonkwo, host of 90MinutesAfrica, Professor Chidi Odinkalu, a renowned human rights lawyer and professor of practice in international human rights law, strongly condemned the handling of the ongoing case against Dele Farotimi.
He argued that the proceedings represent a troubling manifestation of a “captured judicial system” in Nigeria.
Prof. Odinkalu took particular issue with the recent denial of bail and remand of Dele Farotimi in custody, asserting that it represents a glaring departure from established legal principles. “The magistrate court in Ekiti for a crime that is also a misdemeanor decides there is no bill and remands him interminably,” he stated. “This is a glaring procedural error, and somehow that is supposed to represent the state-of-the-art of Nigerian criminal law and procedure. All of us should be ashamed.”
The law professor went on to explain the proper role of a magistrate in a defamation case: “If the magistrate wants to try for defamation, the first thing is you take an application for bail, you recognize that the offense is bailable. If then you do not want to grant the person bail, the magistrate has a legal obligation to provide reasons why they must remand someone who is charged with a misdemeanor.”
Furthermore, Prof. Odinkalu cast doubt on the legal basis for the case, questioning whether the alleged crime of criminal defamation even exists under Ekiti law. He noted that before proceeding with a defamation trial, a magistrate would first need to firmly establish jurisdiction over the matter.
These irregularities, according to Prof. Odinkalu, point to a broader problem of a “captured” judicial system in which magistrate are failing to act as impartial arbiters. “The magistrate court and the federal High Court [in this case] are notionally different,” he said. “However, in the kind of judicial system that we’ve been describing here, nothing works the way they are supposed to work.” He also raised concerns about the unclear involvement of the Attorney General of Ekiti State in the proceedings.
Prof. Odinkalu issued a stark warning that Nigerian citizens can no longer take for granted that they will receive a fair trial, even if the law is on their side. He called on members of the judiciary to firmly resist political pressure and outside influence in order to restore integrity to the courts.
As Dele Farotimi remains in detention with his next court appearance scheduled for December 20th, Prof. Odinkalu urged lawyers and activists to continue advocating for his rights and highlighting the urgent need for judicial reform in Nigeria. The case, he argued, represents a pivotal moment in the fight to protect citizens’ fundamental rights and ensure equality before the law.
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