*Says AGF Could Pursue Criminal Contempt Case Over Supreme Court Criticism
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The arrest of prominent human rights lawyer Mr. De Farotimi on charges of criminal libel has ignited a complex legal debate and public outcry.
In an interview on Channels Television’s Politics Today, senior lawyer and legal expert Mr. Jiti Ogunye provided insight into the intricate legal landscape surrounding defamation laws in Nigeria.
Central to the discussion is the legality of criminal libel in Lagos State. While Lagos and Edo states have reformed their criminal codes to remove provisions criminalizing libel, Mr. Ogunye clarified that many other states and the federal criminal code still contain these colonial-era laws. “The legislation is there, the provision of the law is there,” Ogunye stated. “In so far as those provisions are still there, people will have recourse to them, and those who feel injured are going to have recourse to them.”
The distinctions between civil and criminal defamation were also highlighted by Mr. Ogunye. In civil cases, the alleged victim seeks damages, while criminal defamation can result in imprisonment. The arrest of Mr. Farotimi in Lagos and his subsequent transportation to another state for prosecution has raised significant questions about jurisdiction and the application of legal precedents in such instances.
Mr. Ogunye emphasized the importance of jurisdiction in criminal cases, stating, “Jurisdiction is fundamental to the legitimacy of any legal proceeding. Transferring an accused person across jurisdictions without clear legal grounds undermines the integrity of the process.”
The case has sparked considerable public interest, with protests erupting in support of Mr. Farotimi. Critics argue that the charges may be politically motivated, aiming to silence the outspoken lawyer known for his work on human rights issues.
While acknowledging the public outcry and protests in support of Farotimi, Ogunye urged circumspection in public discourse, noting the serious consequences that can arise from reckless allegations against the judiciary and public officials. He emphasized the importance of presenting facts when making claims of corruption or impropriety.
“Truth is very important for us to maintain,” Ogunye advised. “Don’t injure anybody without cause, without reason. If you must injure people, when you are talking or writing, always be circumspect.”
Commenting on the defamation case against human rights lawyer Dele Farotimi, Ogunye drew attention to the potential ramifications of Farotimi’s alleged statements against the Supreme Court justices.
“When you took the Supreme Court Justices to the cleaners, called them names, and said that they are corrupt, and you are specific and categorical, the Attorney General of the Federation, incidentally, is the one that became a SAN in [Afe Babalola’s] chambers,” Ogunye pointed out. He suggested that the AGF could pursue charges of criminal contempt of the Supreme Court against Farotimi, independent of the current libel case, but was quick to say that he does not support that.
Ogunye further highlighted the risks of making unsubstantiated claims against the Lagos State Judiciary, noting that the Attorney-General & Commissioner for Justice of Lagos State Mr. Lawal Pedro SAN, who was also mentioned in Farotimi’s alleged statements, could potentially sustain additional charges.
Ogunye emphasized the importance of presenting facts when making allegations, stating, “If you are going to make [allegations], you better have your facts.” He advised lawyers and activists to be circumspect in their public statements, recognizing the far-reaching consequences in today’s interconnected world.
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