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Osamagbe Imadiyi
The suit against activist lawyer Mr. Dele Farotimi, which was filed by Inspector General of Police Kayode Egbetokun, was dismissed by the Federal High Court’s Ado Ekiti Division on Wednesday for being close to cybercrime. After the police counsel gave notice of discontinuation, Justice Babs Kuewumi ruled out the lawsuit. Adeyinka Olumide-Fusika (SAN), Farotimi’s attorney, however, characterized the suit is termination as a lost chance for the court to instruct the police on the proper application of the Cybercrime Act.
Based on an interview given regarding Farotimi’s book, “Nigeria and its Criminal Justice System,” the IG filed 12 counts against him on December 9, 2024, some of which bordered on cybercrime. Ado Ekiti, Aare Afe Babalola (SAN), the founder of Afe Babalola University, petitioned the police, claiming that Farotimi had defamed him in the book “Nigeria and its Criminal Justice System.” The court had postponed the hearing until January 29, 2025.
Samson Osobu, the complaint’s attorney, told 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” when the issue was brought up on Wednesday.
“In accordance with Section 108(1)(2)(a) of the Administration of Criminal Justice Act of 2015, the notice of discontinuance/withdrawal was issued. With permission from the honorable court, the prosecution will drop this charge against the defendant and request that it be dropped.”
He stated that the application was filed on the grounds that “well-meaning Nigerians have intervened and that the nominal complainant (Aare Afe Babalola) has expressed his desire to discontinue this case.” Speaking to reporters outside the courtroom, Olumide-Fasuka said that the suit against his client was dropped, which was a lost chance to inform the police.
Recall that Babalola had declared on Monday that he would direct his attorneys to drop the defamation charges against Farotimi based on the contents of his book after traditional leaders, led by Oba Adeyeye Ogunwusi, the Ooni of Ife, intervened.