From Priscilla Ediare, Ado-Ekiti
The Federal High Court, Ado-Ekiti, yesterday ,struck out the cybercrime suit instituted by the Inspector General of Police(IGP), Kayode Egbetokun, against activist and lawyer, Dele Farotimi.
Following the petition of the Founder and Chancellor of Afe Babalola University Ado-Ekiti (ABUAD), Aare Afe Babalola (SAN) to the Commissioner of Police in Ekiti State that Farotimi used defamatory statements on him in his book, titled, ‘Nigeria And Its Criminal Justice System’
The Police had arrested Farotimi and arraigned him before two courts in Ekiti State.
While the IGP instituted a suit against Farotimi for alleged cyber-bullying before the Federal High Court in Ado-Ekiti, Ekiti State, Babalola filed a suit against him over alleged criminal defamation before an Ekiti State Magistrate Court in Ado-Ekiti.
The Federal High Court, Ado-Ekiti on December 9, 2024, granted N50 million bail to the defendant(Farotimi) and adjourned the case to January 29, 2025 for commencement of hearing. The Magistrate Court in Ado-Ekiti also on December 20, 2024 granted N30 million bail to the human rights activist and adjourned the case to February 13, 2025.
But on Monday, Babalola, the nominal complainant in the case, announced that he would instruct his lawyers to withdraw the defamation suit against Farotimi after the Ooni of Ife, Oba Adeyeye Ogunwusi, and some prominent traditional rulers in Ekiti State, appealed to him(Babalola) to withdraw the case, at a meeting the monarchs held on Sunday night, at ABUAD campus, in Ado-Ekiti.
During the hearing on the suit FHC/ AD/CR/ 104/ 2024 filed by IGP Egbetokun against Farotimi, the Police Counsel, Samson Osobu, told the court that a notice to discontinue the suit by the prosecution was filed before the commencement of the hearing.
“ The matter is slated for hearing today, but a notice of discontinuance of the suit was filed this morning and dated today. The notice is dated January 29, 2025.”
According to Osobu, the withdrawal of the suit followed the request of Afe Babalola and the interventions of prominent traditional rulers and other well meaning people in Nigeria.
Responding, Counsel to the defendant(Farotimi), Adeyinka Olumide-Fusika,SAN,accepted the decision to discontinue the case. “ We accept the discontinuance without any comment. We leave the rest to the court.”
In his ruling, the Presiding Judge, Hon. Justice Babs Kuewumi, thereafter, struck out the suit, saying, “ This case is hereby, struck out.”
Speaking to newsmen shortly after the ruling, Counsel to Farotimi, Olumide-Fusika, said, “ We were served with a notice of discontinuance the case this morning and we accepted it and the case has been struck out. This particular one has been struck out.
“So, we await action on other ones. There is still one at Ado-Ekiti Magistrate Court. There is one at Abuja. There is another one in Port – Harcourt. There is another one in Ibadan. And there use another one in Abeokuta. Until we see what happens in those ones before we can make comment on anything.
“ I can’t make any comment because the matter is still life, is still in court, in different jurisdictions and for that reason I have also told my client not to make any comment to the press about the matter.”
Speaking on issues relating to cybercrime , Olumide-Fusika, said, “ The truth must be told that when laws are made in this country, intended to serve a particular purpose, the Police somehow 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.
“ Infact, when the National Assembly saw the way the law was being used it went back and amended it to remove some provisions it felt were encouraging this kind of abuse and usage.
“Laws are made for good orderliness in the society not to be used contrary to what their intentions are.
“This is also 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 for which they are intended.”
When asked what will be his expectation from other jurisdictions, Olumide-Fusika,said, “ I already told you I cannot comment on cases in court. The one here has ended that is the only reason I am talking to you. and I am trying to talk generally. I am not commenting on merits and demerits of anything. All I am saying is that this one has ended. And like I said, we have one in Port- Harcourt. We have one in Ibadan, we have another one in Abeokuta, we have another one in Abuja and we still have another one in Ado-Ekiti here. I cannot comment on them because they are cases in court. But this one here, a notice of discontinuance has been filed and we have accepted it and we are not commenting.”