Alleged defamation: LPDC rejects Afe Babalola’s request to revoke  Dele Farotimi’s practicing license

December 24, 2024
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  • Farotimi meets bail conditions, finally set free

The Legal Practitioners Disciplinary Committee (LPDC) has rejected a petition by Chief Afe Babalola SAN’s law firm, Emmanuel Chambers, to revoke the law practicing license of human rights  lawyer and author, Dele Farotimi, over allegations of criminal defamation and professional misconduct.

The petition filed by Mr. Ola Faro, a lawyer in Emmanuel Chambers, alleged that Farotimi, in his book “Nigeria and Criminal Justice System, “made defamatory statements against the Supreme Court and the legal profession.”

The book reportedly referenced suit number SC/146/2006 between Major Muritala Gbadamosi Eletu and HRH Oba Tijani Akinloye and others, claiming that the prosecution of the case was replete with acts of bribery and corruption and other unethical practices involving judicial officers and the legal community.

But Afe Babalola’s law firm, in its petition, accused Farotimi of distorting case facts, disrespecting fellow lawyers, and engaging in actions that could obstruct justice, for personal gain.

Specific grievances included references to a Supreme Court judgment that affected multiple residential estates and subsequent legal proceedings undermining the apex court’s decision.

Emmanuel Chambers claimed that Farotimi’s book violated several sections of the Rules of Professional Conduct for Legal Practitioners 2023 and requested that his name be struck off the Roll of Legal Practitioners.

However, in its report (B8B/LPDC/1571/2024), the LPDC determined that the alleged offences occurred in Farotimi’s capacity as an author, not during his practice as a legal professional.

The LPDC concluded that it lacks the jurisdiction to address complaints about publications and advised aggrieved parties to seek redress in regular courts.

The LPDC’s report stated: “The publication is an intellectual property and not a conduct or action committed while practicing as a legal practitioner. All aggrieved parties who find the publication ‘defamatory’ should ventilate their grievances through the regular courts.”

LPDC Chairman, Justice Isaq Usman Bello, affirmed that the petition could not be granted due to jurisdictional limitations.

The police authorities have already charged Farotimi to court on  allegations of “criminally defaming” Afe Babalola, a senior advocate of Nigeria (SAN), in a book titled: ‘Nigeria and its Criminal Justice System’.

Farotimi, who has been under arrest by the police, has, however, regained his freedom from the correctional centre in Ekiti state after meeting his bail conditions.

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