Dele Farotimi: The Many Afflictions of the Righteous: Crystallizing the Issues
By Taiwo Akinlami
I have known Dele Farotimi for years, dating back to our time serving together in the Lagos State University Student Union Government, he as President and I as the Director of Welfare. Dele has always been committed to building an egalitarian society and standing for justice and humanity. A man of peace, he has consistently put principle above personal gain, refusing opportunities to align with the “powers that be” in pursuit of his unwavering beliefs.
Since taking this stand, Dele’s finances and legal practice have come under relentless attack. As Chief Gani Fawehinmi aptly said, Dele has been “brutalized but remains stronger.” His current ordeal highlights deep systemic flaws in Nigeria’s justice system, exposing critical issues that demand reflection.
Key Issues
The Nature of the Arrest
On Tuesday, December 3, 2024, Dele Farotimi was forcibly abducted from his law office in Lagos. The operation involved masked men who assaulted his security staff, confiscated phones from everyone present, and whisked him away without presenting a warrant or following due process. These actions defy every known legal protocol for arresting a private citizen, especially one without a history of violence or resistance.
Jurisdictional and Procedural Violations
Dele was taken to Ekiti State and arraigned before a Magistrate Court for offenses that neither fall under Ekiti State law nor within the court’s jurisdiction. The charges based on federal statutes should have been brought before a federal court, yet the Magistrate Court proceeded to deny him bail, citing ongoing police investigations.
Escalation and Manipulation of Charges
On Friday, December 6, 2024, new charges, including cyberstalking, were filed against him at the Federal High Court in Ekiti. However, the court has gone on vacation, leaving Dele detained indefinitely. This tactic of escalating charges and manipulating court schedules reflects a troubling weaponization of the justice system.
Defending the Indefensible
It is disheartening to observe some within the legal profession attempting to justify these clear violations of due process. These individuals, who swore to be ministers in the temple of justice, are making arguments that are not only legally unsound but also morally indefensible.
They claim the NBA’s condemnation of Dele’s arrest was “premature.” This assertion ignores the blatant illegality of abducting a citizen without a warrant or due process, undermining the very principles of justice they are sworn to uphold.
Some argue that Dele must “prove his allegations” to secure his release, a position that flagrantly contradicts the principle of innocent until proven guilty. It is astonishing to see senior practitioners turn established legal principles upside down to defend an unjust system.
Others suggest that Dele is being treated fairly under the circumstances, despite the extrajudicial measures taken against him.
This deliberate refusal to acknowledge the weaponization of the justice system against him is a troubling reflection of the state of our profession.
When lawyers, who should be guardians of justice, choose to align with oppression and justify illegality, they betray not only their oath but also the public’s trust. Such defenses reflect a deliberate choice to be complicit in injustice, a choice to turn a blind eye to the truth and enable the abuse of power.
Presumption of Innocence Undermined
It is fundamental that in criminal matters, the burden of proof lies with the prosecution. Dele Farotimi is entitled to the presumption of innocence until proven guilty. Yet, public discourse, fueled by statements from some senior legal practitioners, suggests he must “prove his allegations” to secure his release. This notion flips the principle of justice on its head and is antithetical to the rule of law.
The Nigerian Bar Association’s (NBA) Response
The Nigerian Bar Association (NBA) condemned Dele’s abduction, describing it as unjust. Critics have dismissed this condemnation as premature, yet the NBA’s stance is justified given the blatant disregard for due process and constitutional rights.
Larger Implications
This case exemplifies the misuse of the justice system to silence dissenting voices. Rather than addressing allegations through fair and transparent legal processes, extrajudicial measures are being deployed. Dele Farotimi has become a symbol of resistance, a “guinea pig in the laboratory of Nigeria’s justice system,” raising serious questions about fairness, impartiality, and the rule of law in our nation.
Conclusion
How do we justify denying a man his liberty and fundamental rights because of words deemed offensive? Why not address perceived wrongs through civil processes rather than resorting to heavy-handed tactics? These actions do not reflect justice but an abuse of power.
For those defending these actions: consider what your words and justifications mean for the future of our profession and the broader justice system. By normalizing illegality and enabling oppression, we erode the very foundations of justice we are sworn to protect.
It is time for the legal profession and all who understand the value of fairness and justice to stand firm. The weaponization of the justice system against Dele Farotimi is an affront to the principles we swore to uphold.
I leave these questions for us all to ponder.
Akinlami is a lawyer and human rights activist.
