…As Seadogs frowns at increasing abuse of human rights
Farotimi was arrested in Lagos and transferred to Ekiti State, where he was arraigned on a 16-count charge of defamation against Chief Afe Babalola, SAN, in his book, ‘Nigeria and its Criminal Justice System,’ where he accused Babalola of corrupting Supreme Court judges.
He pleaded not guilty to all charges.
The police prosecutor requested his remand in prison custody pending further investigation, while his counsel argued for bail on liberal terms, citing the presumption of innocence.
Counsel to the police, Samson Osobu, said Adeyinka Olumide-Fusika, SAN, who is the lawyer of the defendant, said a SAN does not have the right to appear as a representative of the defendant.
He reminded the court of the Magistrate’s Law of 2014 (as amended), citing a case of Abiodun Bamigboye vs COP with Appeal No CA/IP/2256C/2021, where an agreement was reached that no SAN has the constitutional right to appear or file any process in an inferior court.
On his part, Olumide-Fusika cited the Oyo Magistrate’s law, which explained that any qualified lawyer can appear in the court majorly if the matter is related to criminal cases and any suspect or defendant is entitled to any legal representative in court.
However, the presiding magistrate, Abayomi Adeosun, asked Olumide-Fusika to step down. At the same time, another lawyer, who is not a SAN proceeded, while the court decided based on the argument afterwards.
Taiwo Adeniji, who took over from Olumide-Fusika, applied for bail of the defendant, saying the defendant’s offences are bailable, according to section 36 (5) of the 1999 Nigerian constitution (as amended) and Act 6 of the African Charter and People’s Rights. He said the bail application is based on hearsay and lack of facts.
Osobu urged the court to review the bail application submitted before the court, stressing that the defendant doesn’t merit it and that the application is incompetent and irregular.
In his ruling, the presiding magistrate, Abayomi Adeosun adjourned the bail application to December 20 as a result of a prolonged disagreement between the two counsel and the lawyer of the defendant.
Support groups clash within court premises
Shortly after the court proceedings, some support groups clashed outside the courtroom, alleging the court of violating the rule of law.
While a pro-Afe Babalola group confronted the opposing party not to constitute any nuisance, Farotimi’s side pledged to stage the protest as soon as they get to Lagos state for the release of the human rights activist.
Farotimi’s plight poignant reflection of Nigeria’s pervasive impunity—Atiku
Reacting to the ongoing travail of Dele Farotimi, former Vice President Atiku Abubakar, yesterday, described it as a sad reminder of Nigeria’s pervasive culture of impunity.
He said there was no better time to remind our leaders at all levels of their oaths of office, part of which is to protect the constitutional rights of citizens.
Atiku, who wrote on his tweet on his X (formally twitter) handle, said: “Dele Farotimi, a lawyer and tireless advocate for human rights, now languishes in prison custody not for any crime but for the supposed ‘crime’ of persistently speaking truth to power.
“His only offence lies in his unflinching commitment to exposing the truths that the government and its collaborators would rather remain hidden.
“More troubling still is the fact that he is detained and prosecuted under the guise of a law that does not even exist in Ekiti State.
“His plight serves as a poignant reflection of the pervasive climate of impunity and the blatant violation of citizens’ rights that has become all too common in Nigeria.
“Yet, perhaps the most alarming of all is the weaponization of the cyberbullying law, which is being used as a tool to harass, intimidate and silence dissenting voices in the opposition and the press.
“On this solemn occasion of International Human Rights Day, let us take a moment to remind our leaders at every level of government to honour the oaths they have sworn to protect and uphold the constitutionally enshrined rights of the people. Only through this commitment can we hope to nurture and strengthen our democracy..”
Seadogs Confraternity frowns at increasing abuse of human rights
Meanwhile, the National Association of Seadogs and Pyrates Confraternity, Dutse Deck have frowned at what they termed as heightening cases of human rights abuses in Nigeria and called for the government’s urgent actions in protecting the rights of citizens.
The confraternity particularly mentioned the arrest and detention of Dele Farotimi as well as what it termed a harsh bail condition given to him, saying such is a case of human rights abuse.
Marching through the highway in Jos, Plateau State in celebration of this year’s World Human Rights Day, the association sensitised citizens on their rights as human beings.
Speaking during the procession, Chairman of Typhoon Blasted Seadogs Forum, Jos Chapter, Charles Uwechia, said: “We are here to sensitise citizens about human rights because a lot of people don’t know their rights and how they are being abused. Our organization is humanitarian and issues of human rights abuses are coming up. A typical example is the issue of Dele Farotimi.
“The National Association of Seadogs believes that his rights are abused, putting him in chains; he is not a criminal; the matter is a civil one, and the bail condition of N50 million is outrageous. Governments should renege on some of these abuses and make some changes in the human rights approaches in the country.”
[Vanguard]