Alleged Defamation: Afe Babalola moves to stop Farotimi from practicing law in Nigeria

Legal luminary, Aare Afe Babalola, SAN, has taken a step further in the expression of his anger against Lagos-based legal practitioner, Dele Farotimi over the alleged defamation of his character.

The elder statesman, through his law firm, has written a petition to the Legal Practitioners Disciplinary Committee, LPDC, asking that Farotimi’s name be removed from the roll of legal practitioners in Nigeria.

According to the petitioner, as Channels Television reported, Farotimi had allegedly violated certain provisions of the rules of professional conduct for lawyers.

A partner in Babalola’s law firm, Ola Faro, who was also mentioned in Farotimi’s book, “Nigeria and its criminal justice system,” signed the 90-page petition dated December 6, 2024.

The petition is titled “Petition against Tomilola Titus Farotimi also known as Dele Farotimi Esq, a Nigerian lawyer called to the Nigerian Bar with his name on the roll of legal practitioners kept by the Supreme Court for violation of extant rules of professional conduct for legal practitioners rules 1, 15(1), 15(2B), 15(3A), 15(3G), 15(3I), 15(3J),26(1), 27(1), 30, 31(1), (2) and (4) of the rules of professional conduct 2023 by bringing the entire judiciary in Nigeria into dispute with his unfounded allegations of corruption against eminent justices of the Supreme Court of Nigeria, judges of High Court of Lagos State, Aare Afe babalola, SAN, Olu Daramola SAN, Ola Faro Esq., and the entire chambers of Aare Afe babalola & Co in his book titled ‘Nigeria and its Criminal Justice System.’

Faro said that the petition was written both in his personal capacity “and for and on behalf of the law firm of Afe Babalola & Co.”

He gave a background of the facts of the case and detailed the alleged contraventions of the rules of professional conduct by the respondent, Farotimi.

The petitioner highlighted that Farotimi “engaged in conduct which is unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession.”

The petitioners also stated that Farotimi “Participated in conduct that he believes to be unlawful by bribing judicial officers and having unlawful access to a judicial officer.

“Joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer.

“Gave service to his client which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer.

“Knowingly made false statements of law and facts in respect to a case already decided by the Supreme Court.

“Assisted his clients in a conduct that he knows to be illegal and fraudulent.

“Knowingly engaged in illegal conduct in the cause of his practice as a legal practitioner.

“Treated his fellow lawyers without respect, fairness, consideration and dignity, allowing ill feeling between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner.

“Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court.

“Conducted himself in a manner that obstructed, delayed and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and benefit of his client who lost at the Supreme Court.

“Treated the court, particularly the Supreme Court without respect, dignity and honour by using uncouth, unprofessional, undignified and offensive language against the Supreme Court and the justices of the Supreme Court.

“Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities.

“Indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer.”

The petitioners stated that “The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession, the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”

They also noted that some of the statements made in Farotimi’s book are likely to set the legal profession and society ablaze and that those statements were made to discredit the entire Nigerian judiciary, Justices of the Supreme Court, judges of the High Court of Lagos State, their law firm and to ridicule them within the legal profession and injure their hard-earned reputation and financial credit.

The Legal Practitioners Disciplinary Committee, LPDC, is the regulatory body that investigates and addresses misconduct among Nigerian lawyers.

The LPDC ensures that legal practitioners adhere to ethical standards and professional conduct.

DAILY POST reported that Farotimi was recently sent back to jail after the ruling on his bail application was adjourned till December 20, 2024.

The FCT High Court had also barred human rights lawyer from further publishing, selling, circulating, advertising or distributing the hard or soft copies of the controversial book.