The Pan-Yoruba sociopolitical organisation, Afenifere, has condemned continued incarceration of human right activist, Dele Farotimi, demanding his immediate and unconditional release.
The organisation said that the manner Farotimi is being treated further confirmed most of the allegations he raised about the Nigeria judicial system in his publication.
Afenifere stated this on Wednesday in Lagos while briefing journalists at the residence of one of its leaders, Chief Ayo Adebanjo.
The group noted that the overzealous manner with which some of the parties in the case have acted, and the errors of judgement committed by them in the case could validate Farotimi’s portrayal of the justice system.
It believes that Chief Afe Babalola, like every citizen, has a right to defend his reputation if injured to the full extent of the law, but not outside the structures of the law.
Afenifere said Farotimi must have his day in court, saying, “He cannot be unjustly incarcerated. His rights must be similarly protected, “Oba Olaitan said.
Those at the briefing include the organisation’s deputy leader, Oba Oladipo Olaitan, Chief Supo Sonibare, Mr. Alade Rotimi, Prince Justice Faloye, Mrs. Adenike Olujembola and Lagos State chairman of the organisation, Chief Olatunde Onakoya.
“The delay in granting bail to Mr. Farotimi has confirmed the fears of well-meaning people all over the world that these processes are driven by extraneous considerations outside the facts and laws in respect of the petition on which the Police and the Chief Magistrate in Ekiti are hinging their actions.
“Even as the burden of proof of the charge against Mr. Farotimi is on the prosecution and as the accused person is presumed innocent by the Constitution of the Federal Republic of Nigeria 1999 (as amended), Afenifere charges the Police to redeem its integrity by promptly terminate its prosecution of a matter for which the law does not empower it.”
Afenifere therefore called for the immediate unconditional release of Farotimi and for investigation of the circumstances surrounding his abduction and travails in the hands of his abductors.
The apex Yoruba group explained that, the manner of Farotimi’s arrest by police from his residence in Lagos from where he was taken to Ekiti State for trial was appalling.
The organisation further noted that anyone arrested must know the authority undertaking the arrest as well as the reason, adding that such arrest must also be logged at a nearest police station if a suspect it to be taken out of a state.
“Respecting the accused’s right of presumption of innocence, the person arrested must be treated with dignity and must be allowed to contact his relations or lawyer to inform them of his whereabouts. Nothing short is required of a civilised country by its citizens.”
Farotimi was arraigned before a Chief Magistrate’s Court sitting in Ado Ekiti on Wednesday 4th December on a 16-count charge of criminal libel.
“The presiding Magistrate did not consider Farotimi’s bail application even though the alleged offence is a bailable one. The Magistrate insisting on a written application for bail adjourned the matter of the consideration of the Defendant’s bail application to Friday 10th December, 2024.
“As if that was not enough, the Inspector General of Police slammed Cyber stalking/ Cyber bullying charges against Farotimi at the Federal High Court, Ado Ekiti. It is noteworthy that Mr. Farotimi was brought to court in handcuffs even as the public is a witness to an accused neither known to be a violent person nor a risk to flight from justice. It was a clear attempt to humiliate him. Fortunately, the Judge in that instance granted bail to Farotimi even though the bail conditions were onerous, exacting or irksome.
“When the Magistrate Court resumed to consider its curiously ordered written application for bail, the matter was again adjourned for a decision whether the application should succeed or not. The adjourned date is Friday 20th December.
“It is noteworthy that before the resumed hearing of the 10th of December, a Notice of Preliminary Objection had been filed by Farotimi’s lawyers, pointing out that the offences proffered against Farotimi does not exist in laws of Ekiti State.
“The court willfully or unwittingly failed to take notice of this critical objection and went on to further remand the accused until an adjourned date of December 20. It is clearly an act to constructively incarcerate an innocent person accused of an offence recognizable in law. In the meantime suits against him requiring his attention are being filed in as disparate places as Abuja and Port Harcourt while he is incarcerated for an offence not known to laws of Ekiti or Lagos.”
It noted that when the Magistrate Court resumed to consider its curiously ordered written application for bail, the matter was again adjourned for a decision whether the application should succeed or not.
“The adjourned date is Friday 20th December. It is noteworthy that before the resumed hearing of the 10th of December, a Notice of Preliminary Objection had been filed by Farotimi’s lawyers, pointing out that the offences proferred against Farotimi does not exist in laws of Ekiti State. The court willfully or unwittingly failed to take notice of this critical objection and went on to further remand the accused until an adjourned date of December 20.
“It is clearly an act to constructively incarcerate an innocent person accused of an offence recognizable in law. In the meantime suits against him requiring his attention are being filed in as disparate places as Abuja and Port Harcourt while he is incarcerated for an offence not known to laws of Ekiti or Lagos,” the organisation stated.
