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Lawyer and human rights advocate, Dele Farotimi
The Federal High Court, Ado Ekiti Division, on Wednesday, struck out the suit filed by the Inspector General of Police, Kayode Egbetokun, against activist lawyer, Mr Dele Farotimi, bordering on cybercrime.
Justice Babs Kuewumi struct out the suit following notice of discontinuation by the police counsel.
However, Farotimi’s lawyer, Adeyinka Olumide-Fusika (SAN), described the discontinuation of the suit as a missed opportunity for the court to correct the police on the use of the Cybercrime Act.
The IG had on December 9, 2024 filed 12 counts, bordering on cybercrime against Farotimi, based on an interview granted over his book titled: ‘Nigeria and its Criminal Justice System,’.
The police acted on a petition by the founder of Afe Babalola University, Ado Ekiti, Aare Afe Babalola (SAN), who said Farotimi defamed him in the book, titled ‘Nigeria and its Criminal Justice System’.
The court had adjourned the matter till January 29, 2025 for hearing.
However, when the matter came up on Wednesday, counsel for the complaint, Samson Osobu, informed the court that “The matter is slated for hearing today, but we have filed a notice of discontinuance dated January 29, 2025 and filed this morning.
“The notice of discontinuance/withdrawal was brought pursuant to Section 108(1)(2)(a) of the Administration of Criminal Justice Act 2015.
“The prosecution, with the leave of the honourable court, shall withdraw this charge against the defendant and pray that the charge be struck out.”
According to him, the grounds upon which the application was brought included “That the nominal complainant (Aare Afe Babalola) has expressed his desire to discontinue this case and that well-meaning Nigerians have intervened.”
Counsel for the defendant, Olumide-Fasuka (SAN), said, “We are not opposed to the discontinuance of the case.”
Consequently, Justice Kuewumi struck out the chargesr, saying, “This case is hereby struck out”.
In a chat with journalists outside the courtroom, Olumide-Fasuka, described the discontinuation of the suit against his client as a missed opportunity to educate the police.
The SAN said, “This (withdrawal of the case) is a lost opportunity for us to use the judiciary to correct the Nigerian Police in the ways they go about using the laws of Nigeria for purposes other than that which it was intended.
“Laws are made for orderliness in society, not that you just take the law and start fabricating things around it, contrary to what the intention of the law is.
“The truth must be told that when laws are made in this country, it is intended to serve a particular purpose, but somehow people find a way to abuse that law, to misuse it. That is what has been happening in this country.
“The Cybercrime Act that was promulgated by the National Assembly was intended to serve a particular purpose; it is not supposed to be used for personal war and things like that.
“In fact, when the National Assembly saw the way the Act was being used, it went back and amended it to remove some provisions that they felt was encouraging this kind of abuse and usage.”
Recall that following intervention of traditional rulers, led by the Ooni of Ife, Oba Adeyeye Ogunwusi, Babalola had on Monday said that he would instruct his lawyers to withdraw the defamation charges against Farotimi based on the content of his book.
