By Rev Fr Gerald Nwafor
I am not here to defend Dele Farotimi or to condemn him, far from it. I am not going to go into the muddy waters with Afe Babalola and some other lawyers who have in recent times attacked the opinion of Dele. On the other hand, some lawyers have sued him in different courts across the country.
I have bought the book (Nigeria and Its Criminal Justice System). I methodically went through it. There are serious allegations made about some people in the book. From the primary knowledge of the law, you can sue for defamation (slander or libel) but it is not a criminal offense most of the time and is a bailable offense. But it is not rape or murder, that the accused should be handcuffed and put in prison. I support the people whose names were mentioned in that book seeking redress in the court of law that has competent jurisdiction to handle the case.
I do not support overzealous policemen to drive from Ekiti to Lagos to arrest Dele. Dele is a citizen of Lagos, and the police officers came from a different state to arrest him and charge him in court.
The book was written in Lagos and published in Lagos by Dele Farotimi. The copy I have was printed in Las Vegas, Nevada. The reason behind coming from Ekiti to arrest him does confirm what the book is saying that people manipulate the justice system of Nigeria because they are rich and influential.
I have lived in another clime where the president ordered the police and army to do something that is against the law or constitution, and the police said no way we are not doing it. Here the police did not even invite Dele to come to the office, since the case in question is civil, not criminal, and has not been associated with any malice or injury to Afe Babalola.Three bad optics about the behavior of Nigerian police and judiciary in this case were, first, handcuffs for a civil offense.
Why the continuation of detention since it is a bailable offense? Why deny bail? And finally, the federal court granted bail, and the magistrate court is detaining him. I was thinking that the ruling of a senior court is like an order of mandamus (mandated to carry out) to a junior court. I do not understand the justice system myself.
The reason why I do not want to discuss who is right or wrong in this case is that I was there in the military era when people like Gani, Fela, Felana, Obasanjo, Tinubu, Enahoro, and so on were picked up overnight from their house simply because they expressed their opinion on the issues concerning government. Are we back to the military era when people will be picked up like common criminals because they wrote a book or expressed opinions?
The court is a democratic way of settling issues, not the midnight picking up of people by the agents of the state. I have watched people who should know better defending the indefensible. Dele should be properly charged to court and allowed to defend himself and the decision of the court will be final.
I am glued to my television and internet to see how far this will go. The Democratic government should not behave as a hybrid (Military and dictatorship and civilian). There are tenets of democratic rules that are sacrosanct.
You cannot just pick up a person and put them in prison simply because you are rich or politically connected in a society.A quick reminder to the government of the day, yesterday it was the PDP government that was in power, and their cronies were connected and rich. Today it is the APC government that is in power, they should know better that none of the two elements (power and money) lasts forever. Tomorrow another government may come to power and start persecuting the regular citizens who are no longer in power.
The benefit of a positive society is that everyone is under the law, and no one is above the law. We are all equal in the face of the law, be you Dele Farotimi or Afe Babalola; the law is an axe and would grind you if you broke it.
This episode of military reenactment should just stop in present-day Nigeria. Dele is just one of those detained without due process. Many young people are languishing in the Nigerian prison simply because there is no due process.
I hope the police, the court, and the government will do the needful and release Dele to have his days in court. Nobody should be arguing from a position of weakness, we should all argue from a position of strength. Dele should be freed first, then the court process will start.
It is a civil suit, not a criminal case, therefore he should not be in detention in the first place.Peter Obi’s mediation and my take. I did not say that people cannot break peace where necessary, but I did not see the reason for Governor Peter Obi’s intervention in this matter. Peter has his reason to go to Ekiti to see Afe Babalola in his chambers and visit Dele in the prison.
I posited that we should all step back and allow the justice system to work for all, no matter whose horse is gored. Is Peter saying that Dele was wrong to point out the decay in our Justice system, or is he saying that Afe Babalola was right to go and arrest a person who has expressed an opinion in another jurisdiction? Peter, I have written somewhere, is too good to be a Nigerian. The funny part of Peter’s visit to both warring parties was never disclosed.
Peter said he did not go to Ekiti to intercede but to visit a campaign personnel in his party who is currently being incarcerated, which is, of course, Dele. Like I said, the water of politics and tribalism going on in this case is so strong that anyone who gets into the middle will be messed up. Peter should avoid getting into this troubled water. Dele is Yoruba and Afe Babalola is Yoruba: let the elders of their land settle the case between their two illustrious sons if they cannot let the court decide.
The actions of the court would prove Dele right or wrong. If the people of Lagos are serious, they would want their son back to their land because they know the kidnappers and the location where he was kept. Expression of an opinion should not be a death warrant or a death sentence. Dele should be freed to have his day in court.
