Tag: Dele Farotimi

  • Afe Babalola, Dele Farotimi and Yoruba Obas’ Intervention, By Lanre Ogundipe

    Afe Babalola, Dele Farotimi and Yoruba Obas’ Intervention, By Lanre Ogundipe

    Lanre Ogundipe
    Lanre Ogundipe

    The defamation debacle between revered legal luminary, Chief Afe Babalola, (SAN), and self-styled “retired” lawyer, Dele Farotimi triggered national and (to some extent) global reactions towards the end of last year. There are reports on regular and social media that following the visit of some Yoruba traditional rulers, the matter may have being resolved. According to a statement, the Ooni of Ife, HRM Oba Adeyeye Ogunwusi led a delegation of Obas from other parts of Yoruba land Sunday night to the Ado Ekiti residence of Babalola seeking his understanding, and pleading for final resolution of the vexatious matter.

    It was confirmed that, after the late-night meeting, Babalola; who was joined by the Vice Chancellor, and Bursar of his world-rated University, as well as one of the lawyers handling the case accepted the royal request. Babalola, who revealed that he had declined similar request by some notable Nigerians including Chief Olusegun Obasanjo, and Bishop Hassan Kukkah, promised to instruct his legal team to withdraw the libel suit against Farotimi.

    It is instructive to reiterate that worried by the likely consequential effects of the criminal suit filed by Babalola against Farotimi, the writer in an earlier article; “Of Dele Farotimi, Afe Babalola, Defamation Suit, and Way Forward” published in various news platforms on December 14, 2024, solicited for peaceful, and amicable resolution of the matter. The writer noted that, Babalola, given his status, position, and contributions to national development should forgive Farotimi. It was also posited that the revered legal connoisseur should see it as a sacrificial gift to his numerous mentees at home and abroad. The writer also counselled Farotimi to eschew undue rigid posturing, and avoid dancing to the “sweet melodies” of some dispute merchants who are merely interested in expanding the gulf between him and Babalola. He was advised to embrace opportunities for genuine reconciliation and truthful regeneration.

    Indeed, the pervasive dimension of corruption in Nigeria is befuddling and pathetic. Fact is, corruption is not limited to th
    judiciary. Sadly, it is increasingly endemic such that institutions and individuals in public service have herculean task insulating themselves from the debris. The collateral damage is huge such that corruption not only undermines public trust but portends present, and future danger to national growth and development. A school of thought argues that allegations of corruption in the judiciary has damaged effective administration of justice in the country.

    No doubt, the intervention of Yoruba royal fathers is timely, and necessary. That HRM Oba Ogunwusi and his brother-traditional rulers waded into the matter, and Babalola acceded to the request speaks volumes about the strategic position of traditional institutions in Yoruba land. It actually brings to fore the recognition and respect the people have for royal fathers. Also, it has elevated the importance of alternative resolution mechanism in civil and criminal matters. Further, it has saved the two parties the psychological torture, financial burdens, and legal exertion that would have been devoted, and dissipated on the suit. L

    Truly, lessons must have being learnt by both parties. The writer believes that Babalola, being a very wise, knowledgeable, and intelligent elder may have picked some nuggets that would be useful in his lofty contributions to legal jurisprudence. One is hopeful that Farotimi may have realized the importance of introspection and solitude in handing matters. He may have realized the intricate and delicate (im)balance between freedom of expression, and the protection of reputations within the legal space. For those who contributed largely to the polarisation of the dispute; while it lasted the shame is on you. Fact is, many Nigerians always seek for issues which they can profit from, and leverage on for their selfish benefits. Exactly what happened in this instance. While some were showing “loyalty and respect” to Babalola by pushing his position, other people embarked on unsolicited advocacy for Farotimi to be seen by gullible Nigerians as “defenders” of the legal profession.

    Though the resolution of the matter is applauded and appreciated by many Nigerians, the issues raised in the book should be addressed by critical stakeholders and relevant institutions. More than ever before, there has to be legal reforms. This is a clarion call on the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun to collaborate with her colleagues in the Supreme Court, and other Courts as well as major players in Nigeria’s judiciary to embark on in-depth reviews of existing laws.

    * LANRE OGUNDIPE Public Affairs Analyst, Former President Nigeria and African Union of Journalists
    February 10, 2025

  • Implications of the rumblings in the South-west – 1,  By Bolanle BOLAWOLE

    Implications of the rumblings in the South-west – 1, By Bolanle BOLAWOLE

    What is left when honour is lost? – Publilius Syrus

    When negative things continue to happen one after the other, be careful! The signs are ominous! A Yoruba first-class Oba was caught on camera, in broad daylight, stooping or cringing before the Emir of Ilorin of all persons! Recall the history of how the Fulani usurped Ilorin from the Yoruba and the Emir in question is a descendant of the usurpers, still holding tightly to their prize – though the Yoruba have neither forgotten nor forgiven, and history, being a very long rope with bends and knots, will revisit the treachery of both Afonja and Alimi at some point down the road.

    The excuse given by the Yoruba Oba in question was jejune, to say the least. “Jejune” is a term I first learnt from Femi Falana, SAN, during our days at Great Ife. Another one was “lacuna”. Comrade FF, as we fondly call him, was fond of using those words in those days, just like my friend, Prof. Tope Ogunbodede, immediate past VC of OAU, once alerted me that I, too, was fond of using the word “shenanigans”, and I have since consciously moved away from it! But I digress!

    Kabiyesi must be told in plain language that he defecated on his own throne and desecrated the Yoruba traditional institution. In the traditional Yoruba setting of yore, he would have had no choice but to do the needful for, as the saying of our people goes, death is preferred to shame and disgrace. When you disgrace not only yourself but the traditional institution that you represent, what is left? For, as Publilius Syrus quoted above opines, nothing is left when honour is lost.

    If Kabiyesi failed to realise what to do, the Kingmakers of that era would ask him to open the calabash (a euphemism for him to quickly join his ancestors). But just like Professor Okot p’Bitek argued in Songs of Lawino and Songs of Ochol, the Yoruba traditional institution, like many other African traditions and culture, has since fallen on bad times. Birds no longer chirp as birds… That is Number one.

    Number Two: At first, I didn’t know what they were complaining about; I mean about Ayinde Wasiu aka KWAM 1. I am not a lover of Fuji. The only song or outing of his that ever fascinated me was where he appealed to people eager to take to the dance floor at an occasion: “Ijo maa kan yin/Nwon o ti pe yin/Nwon maa pe yin/Ijo o ti kan yin”. Quite poetic! Therefore, I wasn’t keen on finding out what was the matter with the musician – until I stumbled on the “ko-ko of the matter”, as they say!

    The musician was on the phone to President Bola Ahmed Tinubu, who had called to commiserate with Wasiu on the death of his mother, and, suddenly, the musician began to record and put the president on the speaker for everyone to hear the president’s trademark voice. Wasiu gallivanted about the room, with a few other fellows there watching and listening. As if that was not bad enough, the episode became public consumption. Try that with some presidents, like Idi Amin Dada of Uganda, and see whether the culprit will not bake his “eba” on earth but travel to heaven to collect the “ila a-se-po” to eat it with!

    In olden times, that was how it was even here! I will tell you a story. A very powerful chief in my town of Owo in Ondo state married a new wife and being his “aghayo” (the preferred), he insisted that she would be the one to help him scrub his back every morning as he had his bath. One fateful day, only the devil knew what entered into this woman as she performed her wife-ly duty; she said: “En-hen; are you more than this? See how skinny you are! Yet, the whole community shivers at the mere mention of your name!” The chief responded: “Don’t mind them! I am not more than this o!”

    As soon as he left the bathroom, the chief sent his men to go and bring him the heads of both the father and mother of the errant wife – which was promptly done. He then called the wife and said to her, “Because I enjoyed the way you helped me scrub my back a while ago, I decided to give you a special present” And he handed the grinning and thankful wife a covered calabash. She hurried into her room, with the other jealous wives in tow, to savor the special gift from Kabiyesi. When she opened the calabash, lo and behold, the heads of Daddy and Mummy stared at her. Back in the presence of Kabiyesi, he told her: “Just a sample of how powerful this skinny little me is”!

    Hence the saying to this day in Yoruba land: “Ori yeye ni m’Ogun, t’aise lo po” or the add-on from the juju musician, Orlando Owoh: “Ori yeye ni m’Ogun t’aise yeye”. Oh yes, many innocent (but unfortunate) persons end up being sacrificed to the gods. In those days, it was usually the guilty, prisoners of war, strangers who strayed into town on forbidden days, and criminals that get sacrificed to appease the gods. It is not for fun that our people say “Eni ba f’oju d’Oba, awowo a wo”! He who disrespects an Oba will grind in the dust! Or “Eni ba f’oju ana w’oku, ebora a bo l’aso”.

    Once a person changes mortality for immortality, he is no longer the ordinary person you used to play around with. Asiwaju Bola Ahmed Tinubu that Wasiu used to know and play around with is no longer the same as Asiwaju Bola Ahmed Tinubu, President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria. If he commands you to miss now, you will miss – except by God’s grace. What will happen thereafter is what I cannot say!

    Number Three: When I heard that the Ooni of Ife led a team of illustrious Yoruba elders to Aare Afe Babalola to get the legal luminary to discontinue his legal action against Dele Farotimi over his book that the Aare said defamed him, and the Aare reportedly stepped down on the matter, I heaved a sigh of relief. It would have been disastrous had the Aare said ‘No”. Who then shall we send? Who will go for us (Isaiah 6: 8). That would have been a sad day for the Yoruba nation.

    Thank God, the Aare realised that what was at stake was far heavier than defamation or his prestige or the truculence of Farotimi and those edging him on, many of them non-Yoruba who saw in this another opportunity to continue their destroy-them mission against the Yoruba. I, therefore, reckoned that this larger picture motivated the Ooni to embark on the peace, nay, face-saving mission. Imagine the Aare and Farotimi tugging at each other in the witness box; like it happened decades back between Chief Gani Fawehinmi and Chief Rotimi Williams! Things were even better then because the Yoruba were not in the eye of the storm then – but now, they are.

    I expected one of two responses from Farotimi: appreciation or disdain. When it turned out to be disdain, I was not surprised. Some people must have been disappointed by the turn of events. The Yoruba’s masquerades will no longer dance naked in the village square! Before then, however, politicians had made a quick profit from it; one such being the appointment of the same Farotimi as the Organising Secretary of a faction of Afenifere (the one in the corner of Labour Party’s Peter Obi). Another Afenifere faction quickly responded by saying that they were the authentic Afenifere. And my mind went straight to Professor PLO Lumumba when he said: In an argument between two dwarfs, what sense does it make for one dwarf to say he is taller than the other, seeing that, in any case, both of them still remain as dwarfs?

    Number Four: Afenifere’s problem is not about who is authentic or not but of what relevance, today, is the once flaming Yoruba leadership organisation in the affairs of the Yoruba? Sadly, neither of the factions have come to this realization. Human organizations, empires, and kingdoms rise and fall. They get to their apogee (greatest height possible) and stagnate for a while for a variety of reasons before beginning to wane, deteriorate, regress and eventually collapse, giving way to others to take its place. “His place let another take” (Psalm 109:8, Acts 1:20). Where are the erstwhile empires that ruled the world?

    Why is Donald Trump insistent on Make America Great Again? It is because America, having got to the pinnacle of its power, like the empires and great powers before it, has, in the recent past, been on its way down. Others are already on their way up the ladder to catch up with it, oust and eventually replace it. Such is the natural order of things. Afenifere, too, is on its way out! And the reason is simple.

    The bitter truth is the changing situations and circumstances, which the Afenifere leaders were not quick to take into cognizance. They acted too little, too late. They operated a closed-shop system like the Guilds of old; it worked when information could still be warehoused but not any more in this Digital Age and with this Gen Z generation. And they should have known that! The Yoruba themselves say the god that the elders worship, but which the children are not introduced to early enough, will soon expire.

    Afenifere has served its purpose. The older generations have paid their due and deserve a 21-gun salute. Now is the time for them to understand that Afenifere, having surpassed its apogee, is far past its usefulness. Struggling to still insist on its relevance in present circumstances is like flogging a dead horse. What will take the place of Afenifere is what we should all be concerned with – and not the contest between two dwarfs!

    Number Five: After all efforts to worm his way back into the Tinubu fold fell flat on its face, Ogbeni Rauf Aregbesola took the plunge, bit the bullet and pulled his “Omoluabi” political group out of the ruling APC in Osun state. Some have questioned the appropriateness of the “Omoluabi” tag adopted by Aregbe and his group – but that is a topic for another day. Where are they heading – PDP? They are yet to categorically declare. So we keep our fingers crossed.

    But we cannot but link this issue with the rumblings in Lagos over the speakership of the House of Assembly, where the erstwhile speaker was booted out of office. What surprised many was Obasa’s audacity to make a stand and fight back. Many had thought he would be picked up by the EFCC and that would be it. But the politics of it is more complicated than many could fathom. Aregbesola used to fix Alimosho, one of the largest local governments bringing in the votes for the Tinubu political machine. Though he has fallen out of favour, Aregbe still has his die-hard loyalists in Alimosho. Note that the unimaginable happened and Tinubu lost that local government in the 2023 presidential election. Obasa is the new fixer in Alimosho and Agege. Party strategists reckon that the “coup” that eased Obasa out should have been left till after the 2027 elections. Such are the ways of politics!

    LAST WORD: The three-pronged attack seeking to unhing the South-west before 2027, if care is not taken, are religion; the influx of bandits and terrorists; and cultism-related activities and violence. To unseat the sitting president in 2027, his opponents must first make his home base the theatre of war, setting brother against brother, and sister against sister! The spade work has started!

    * Former Editor of PUNCH newspapers, Chairman of its Editorial Board and Deputy Editor-in-Chief, BOLAWOLE was also the Managing Director/Editor-in-Chief of The Westerner newsmagazine. He writes the ON THE LORD’S DAY column in the Sunday Tribune and TREASURES column in the New Telegraph newspaper on Wednesdays. He is also a public affairs analyst on radio and television.

  • Defamation: Court Denies Dele Farotimi Bail

    Defamation: Court Denies Dele Farotimi Bail

    An Ado-Ekiti Magistrate Court, Tuesday, denied bail to human rights lawyer and activist, Dele Farotimi, in the ongoing legal tussle between him and legal icon, Afe Babalola.

    Farotimi is standing trial for allegedly defaming Afe Babalola, the founder of Afe Babalola University, Ado-Ekiti, in his best selling book.

    At Tuesday’s hearing, the Presiding magistrate, Abayomi Adeosun, postponed the decision on the activist’s bail application to December 20.

    The bail denial occurred after the police counsel, Samson Osobu, had argued that the bail application submitted by the defendant was incomplete and not properly filed.

  • Defamation War: Sowore Condemns Obi’s Visit to Africa Babalolas

    Defamation War: Sowore Condemns Obi’s Visit to Africa Babalolas

    For visiting the legal luminary, Aare Afe Babalola, apparently to intervene in the roiling dispute between him and human rights lawyer, Dele Farotimi, Mr. Peter Obi, Labour Party presidential candidate in the 2023 vote, has come under the sharp edge of Omoyele Sowore’s tongue.

    The Labour Party leader had, on Monday, visited Babalola in his office in Ado-Ekiti, the Ekiti state capital, to appeal to the Senior Advocate of Nigeria on the matter of defamation between him and  Farotimi.

    Sowore, presidential candidate of the African Action Congress, AAC, in the 2023 general election, speedily picked the gauntlet and lampooned  Obi for ‘begging’ the renowned legal icon.

    Obi’s third party intervention in the matter is recognized in law as alternative dispute resolution, a process that allows parties to settle matters out of court.

    Obi was accompanied by the Labour Party candidate in the 2024 governorship poll in Ondo , Sola Ebiseni.

    According to reports, during the meeting which lasted for about two hours, the LP presidential candidate reportedly sought forgiveness for Farotimi with an appeal to the elder statesman to drop the ongoing court cases.

    Farotimi is facing criminal defamation and cybercrime charges in an Ekiti State Magistrates’ Court and the Federal High Court, Ado Ekiti.

    The defamation charge stems from the allegations in Farotimi’s book  entitled “Nigeria and its Criminal Justice System” that accused Babalola of influencing Supreme Court judges.

    While the Magistrates’ Court had earlier remanded Farotimi and adjourned the case until Tuesday, November 10, 2024 (today), the Federal High Court sitting in Ado-Ekiti, granted him bail in the sum of N50 million on Monday.

    Reacting to the development on his X handle, Sowore, on  Tuesday, roundly condemned Obi for visiting Babalola to seek forgiveness for Farotimi.

    The AAC presidential candidate who had called for a protest today in Ekiti,  Lagos, Abuja and London against the Nigerian police and the judiciary in the handling of the case, said that Obi action has dealt a devastating blow to the struggle to uproot alleged corruption in the nation’s  judicial system.

    Sowore’s words: “I condemn those who went to “beg” Chief Afe Babalola today over the unjust detention and persecution of @Dele Farotimi; the delegation led by @PeterObi did colossal injustice to the struggle to drain the swamp of judicial criminality in our country.

    “Obi’s action is like forcing Rosa Parks to return to back of the bus of racial injustice during the civil rights era in the US! The struggle continues.”

  • Court Grants Dele Farotimi Bail for N50m

    Court Grants Dele Farotimi Bail for N50m

    A temporary reprieve came the way of the detained legal practitioner-cum-rights activist, Dele Farotimi as the Federal High Court sitting in Ado-Ekiti, Ekiti State, granted bail on Monday.

    The rights activists has been embroiled in an alleged defamation issue with legal luminary, Aare Afe Babalola.

    Farotimi was granted bail for ₦50m with a surety in the same amount. The surety, the court said, must provide a landed property as collateral.

    Farotimi was represented by a Senior Advocate of Nigeria, Mr. Festus Emiri.

    Omoyele Sowore, presidential candidate of the African Action Congress (AAC) in the 2023 election, took to his X handle to break the news of Farotimi’s bail conditions as set by the court.

    He wrote: “The first hurdle was crossed. #DeleFarotimi was granted bail of N50 million surety in the like sum with someone with landed property. The case was adjourned to January 29, 2025.”

  • Farotimi: A trial of the Supreme Court, By Lasisi Olagunju

    Farotimi: A trial of the Supreme Court, By Lasisi Olagunju

    Chief Afe Babalola and Dele Farotimi
    Chief Afe Babalola and Dele Farotimi

    Adeola was a destitute woman with neither a surname nor a known relative who died at 1.15pm on Friday, 29 June, 1888 at the Colonial Hospital in Lagos. She was buried at 4pm the following day at Ereko Cemetery, Lagos. The manner of her death on Friday and burial on Saturday was to soon put the entire colonial establishment from Lagos to London on ‘trial’. A police officer had, some days earlier, found the woman “huddled up in an Ereko market shed, utterly helpless and in a ‘bad state of health.’”

    Her story: She was just Adeola – no other name. She had no living person she could remember as a relation. About 30 years earlier (1858), she had been bought as a slave at Ikorodu market by a man from Beshe (Ibese?) who later converted her to a ‘wife.’ She had a child for the man but life soon happened to her in more devastating details. One after the other, the ‘husband’ died, the child died too. She became lonely and alone, ill and terribly diseased. Her case became like the sentry of Apomu who lost his divination nuts to thieves, had his wife snatched, and, in horror, watched his last item of survival taken by a bad dog that escaped and slipped into a deep well. “It is time to leave this town!” the man cried.

    Utterly broken Adeola left Beshe for Lagos in search of hope and cure for everything that ailed her. She arrived in Lagos on 4 June, 1888. It was because she knew nobody and had no one in Lagos that she found ‘home’ in that market shed where the police officer found her. With that police officer, favour appeared to have found her as she was moved to the Colonial Hospital and was admitted as a patient. If she thought her prayer answered at that point she was wrong. Her story changed on 20 June, 1888 when the senior of the two Oyinbo doctors at the hospital wrote on her treatment sheet: DNI (Discharged, Not Improved). The doctor said she was an “incurable” and “no good could be done for her by treatment” and got her removed from the hospital. And “like a log of wood”, she was taken out of the facility on a stretcher taken far away from the hospital, and “pitched out of the stretcher” like dirt and left to die in the bush.

    A man and his carpenter saw everything from the top of a house they were reroofing. They reported what they saw to the authorities who intervened and ordered the woman returned to the hospital by 5pm the following day, 21 June. Adeola was reported dead on 29 June and buried by the evening of the following day. Then trouble started. The Lagos public got to know of everything that happened to the poor woman from the day she was first admitted to the hospital and the day she was reported dead and buried. It became a big human rights issue. Governor Moloney demanded explanations from the hospital and was not satisfied with what he was told. The matter went to a coroner who ordered the exhumation of the corpse. My historian wrote that “when the coffin was opened, the jury was struck by the observation that the body was found placed in a lateral decubitus. This was very unusual, and gave rise to the suspicion that the woman might have been encoffined before life petered out of her.” To be “encoffined before life petered out” of one is to be buried alive.

    The jury tried the case and indicted all the key hospital personnel involved, including the doctor who wrote DNI on her diet sheet. Then the coroner, friend and messmate of one of the doctors, stepped in and annulled the verdict of the jury and cleared all the indicted persons. That was done because the woman was a nobody who had nobody. Lagos as a city became enraged and a huge rally of 374 persons was held inside the Town Hall of Lagos on 9 July, 1888. It was from that meeting that the people of Lagos addressed an appeal petition to the Secretary of State for the Colonies in London who took over the case and ordered the governor of Lagos to implement the jury’s verdict and relieve the chief culprits of their duties. They were sacked. The pauper woman finally got justice. Her story is fully told in Adelola Adeloye’s ‘African Pioneers of Modern Medicine’ (1985); check page 60 through page 71. I got the story from that book; the various quotes I used are from its pages.

    Scroll up again and read the Adeola case; the higher the appeal went, the better the reasoning, the surer the justice. Today, nothing in our courts is cast in law. The 1888 scandal happened well before Nigeria became a country. The Lagos public fought the injustice in Lagos for the nameless underdog. When Lagos compromised on truth and justice, the people took the case to London, fought and won in a very comprehensive way. The unfortunate woman in the story was the very definition of underdog. She had nothing; no full name; no address, no blood or bloodless relation. Everyone who fought for her did not know her from anywhere. She was a compete pauper with no material value to anyone. Yet, she got the people behind her and got justice. She was the underdog in the contest for space in the Colonial Hospital. She lost the battle of life but won the war of justice. She had her day, even after she died.

    Americans have a day dedicated to almost everything. The third Friday in December of every year is their National Underdog Day. They’ve celebrated their underdog Fridays since 1976. The next one holds on 20 December, 2024. And, if you are a Nigerian, I am sure you’ve heard or come across ‘underdog’ more than once in the last one week. If you haven’t, it means you’ve not been following the war between Chief Afe Babalola, SAN and firebrand lawyer, Dele Farotimi. One, a senior advocate; the other, a subaltern in legal practice. Like in all contests, figures of speech have been flying like Saddam Hussein’s Scud missiles and George H. W. Bush’s Patriots. I heard the junior lawyer being called an underdog, the big man the top dog. I’ve also come across the expression: every underdog would have their day.

    Nigerians are bitterly divided between Chief Afe Babalola and Dele Farotimi. Each side thinks it is right. I read some comments and commentaries and shuddered. The extreme positions being taken and the measures being canvassed remind one of the contents of Edward P. Cheyney’s 1913 article on ‘The Court of Star Chamber’ of 17th century England: “The law-officers of the crown were especially inclined to prosecute offenders against the dignity of judges or other persons connected with the courts. An angry litigant who in 1602 attempted to stab a lawyer who had spoken against him was brought before Star Chamber and sentenced to have his ears cut off and to be imprisoned for life. One man had his ears nailed to the pillory at Westminster for traducing Lord Chief Justice Popham; another was sent to the pillory for saying Lord Dyer was a corrupt judge, another for writing a letter to Coke charging him with chicanery in practice, still others for writing a letter to the Mayor of Wallingford charging him with injustice, and for speaking disrespectfully to the Lord Mayor of London in the wrestling place at Clerkenwell…” The pillory in that piece was a wooden device for displaying and shaming convicts. It was known in Anglo-Saxon times as “catch-neck”, the French called it the pillorie. If you were sentenced to the pillory, your punishment included being abused by ecstatic members of the public and being pelted with filth, including rotten eggs. We’ve seen much of that in the last one week.

    I have not read Farotimi’s book but I listened to some of his online appearances on this matter. His words are extreme just as the reaction of Afe Babalola to them. And, while I was wondering if a journalist like me should be read saying anything on this matter because it is already in court, subjudice, I watched Chief Babalola’s lawyers waiving aside that rule and addressing a press conference in Ado Ekiti on Friday. They took the top lawyer’s case before the court of public opinion. I am not blaming them; we live in a constantly changing world in which the Internet is the super jury. The landscape has changed forever. Babalola’s lawyers said Farotimi was angered because he lost his client’s case to their chief’s client before the Supreme Court in 2013. That was eleven years ago! Lawyers must have very long memories – like elephants – for them to have sustained a war this long.

    And, it is from Chief Babalola’s case, as presented by his lawyers at the press conference, that I picked my item of interest – how the Supreme Court did this work and created this war. From what I read, it would appear that the Supreme Court was the edá rat that sparked the blaze which our firefighters are dealing with. “You will recall that 254 hectares (of land) were sold to the Gbadamosi Eletu family. However, instead of the 254 hectares, Honourable Justice Kumai Bayang Aka’ahs, JSC, who wrote the lead judgment, recorded 10 hectares in error,” Chief Babalola’s lawyer told the media. Now, listen. Nigeria’s topmost court wrote “ten hectares” when it should have written “254 hectares” and delivered it as its judgment in that contentious land case on 13 July, 2013. I read that and got confused. Figures 10 and 254 neither sound alike nor do they compare in values. So, where did the ‘error’ come from? The Supreme Court is not a one-man tribunal. There were four other justices on that panel. Not one of them saw the mistake of their leading colleague; they all endorsed the ‘error’, lock, stock and barrel. The court later corrected this on 18 March, 2014 – that was eight months after the judgment. It blamed the discrepancy on what our law calls “clerical error.” Then this Farotimi-Babalola war started, assailing reputations and curtailing freedoms.

    We are ruling our world in manners that are at variance with how we met it. The British who created this country worked better in the administration of justice. I wrote earlier that in the Adeola scandal case above, the higher the appeal went, the better the reasoning, the surer the justice. Even in places where sharia ruled, the British encouraged discipline, diligence and competence. In Ilorin, an Alkali was dismissed in 1912 “because he could neither read nor write Arabic.” In the same Ilorin, the colonial government removed Chief Alkali Mallam Salihu sometime in the 1930s and replaced him with Mallam Muhammad Dan Begori (Belgore) because inquiry showed that he had been “extremely negligent in his supervision of the clerical work of his subordinates.” H. O. Danmole’s ‘The Alkali Court in Ilorin Emirate during Colonial Rule’ published in the Transafrican Journal of History (1989) contains those details, including the quotes.

    Now, you would want to ask: The justices who professed the 10-hectare-for-254-hectare ‘error’ at our Supreme Court in 2013, where are they today and what were the consequences of their ‘mistake’ which now proves costlier than they could ever have imagined? The man who wrote the ‘error’ retired in December 2019. How does he feel hearing all these about his work? The others who concurred with him, what do they feel? The Supreme Court itself, in the name of which those lords of the law acted, is it proud of what happened, and what is happening? The criminal cases that branched out of their “clerical error” and filed last week, if they eventually go up to the Supreme Court, how is the court going to sit on them? The Body of Benchers, if a student of the Nigeria Law School wrote ten hectares where he was supposed to write 254 hectares, would they reward such a student with a call to the Nigerian Bar?

    While I waste my time asking those questions, the battle between the forces of Chief Afe Babalola and those of Dele Farotimi rages on. And, it is not one between David and Goliath. No. Both are losing at the same time. They are both underdogs being tried in two parallel courts – one at the law court; the other at the court of public opinion. Unfortunately, both are not doing fine at all, but they are unyielding. I pity the two sides. They are pitched in a no-win duel while the rats who sparked the fight enjoy their suya, sip their coke, and pick their teeth. In the play, ‘Topdog/Underdog’ by American playwright, Suzan-Lori Parks, two brothers lose everything they fight over – woman, inheritance, everything. “Screaming in agony” is how a critic describes the cries of one while the other is too dead to hear his brother’s too-late regrets.

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