In what appeared as stepping up of efforts towards disciplining a lawyer and human rights activist, Dele Farotimi for alleged defamation, the Law Firm of Afe Babalola has petitioned the Legal Practitioners Disciplinary Committee (LPDC), seeking the removal of Farotimi’s name from the list of Nigerian legal practitioners.
The petitioner alleged that Farotimi violated certain provisions of the rules of professional conduct for lawyers.
The 90-page petition, dated December 6, 2024, was signed by Ola Faro, a partner at the firm.
Faro was also mentioned in Farotimi’s book, “Nigeria and Its Criminal Justice System.”, Channels reports.
The petition was titled “Petition against Tomilola Titus Farotimi (also known as Dele Farotimi esq), a Nigerian lawyer called to the Nigerian bar with his name on the roll of legal practitioners kept by the Supreme Court for violation of the extant Rules of Professional Conduct for Legal Practitioners Rules 1, 15(1), 15(2b), 15(3a), 15(3g), 15(3i), 15(3j), 26(1), 27(1), 30, 31(1), (2) and (4) of the Rules of Professional Conduct 2023 by bringing the entire judiciary in Nigeria into disrepute with his unfounded allegations of corruption against eminent justices of the supreme court of Nigeria, judges of high court of Lagos state, Aare Afe Babalola san, Olu Deramola, SAN, Ola Faro esq, and the entire chambers of Afe Babalola & co in his book titled ‘Nigeria and its criminal justice system.”
Faro, who clarified that he was writing both in his personal capacity and “on behalf of the law firm of Afe Babalola & Co.”, highlighted the background of the case and detailed the alleged violations of the Rules of Professional Conduct by Farotimi.
In the petition, he accused Farotimi of engaging in conduct that was unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession.
The petitioners further alleged that Farotimi participated in unlawful conduct, specifically by bribing judicial officers and gaining unlawful access to a judicial officer.
Faro stated, “He joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer. He gave service to his client which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer. He knowingly made a false statement of law and facts with respect to a case already decided by the Supreme Court.
“He assisted his clients in a conduct that he knows to be illegal and fraudulent. Knowingly engaged in illegal conduct in the cause of his practice as a legal practitioner. Treated his fellow lawyers without respect, fairness, consideration and dignity, allowing ill feelings between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner.
“Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court. Conducted himself in a manner that obstructed, delayed and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and the benefit of his client who lost at the Supreme Court.
“Treated the court, particularly the Supreme Court without respect, dignity and honour by using uncouth, unprofessional, undignified and offensive language against the Supreme Court and the justices of the Supreme Court. Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities.
He added, “Indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer. The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession, the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”
They further noted that some statements in Farotimi’s book have the potential to inflame the legal profession and society.
These statements, they claimed, were made to discredit the Nigerian judiciary, including Justices of the Supreme Court, judges of the High Court of Lagos State and their law firm, and to subject them to ridicule within the legal community, thereby damaging their hard-earned reputation and financial standing.
This came after a Federal Capital Territory High Court in Abuja and Oyo State High Court barred Farotimi from further publishing, selling, circulating, advertising, or distributing the hard or soft copies of his book, ‘Nigeria and Its Criminal Justice System’.
Farotimi was arrested and arraigned before the Federal High Court in Ekiti State as well as an Ekiti State Magistrates’ Court, Ado-Ekiti over the controversial book.
The charges revolve around defamation and cyberbullying, based on a petition filed by Babalola, who alleged that Farotimi defamed him in his book.
According to the police, Farotimi’s book accuses Babalola and other SANs of corrupting justices of the Supreme Court.
