Criminalizing Libel and the Law of Unintended Consequences: The Dele Farotimi vs Chief Afe Babalola Unfolding Case Study

Spread the love

Criminalizing Libel and the Law of Unintended Consequences: The Dele Farotimi vs Chief Afe Babalola Unfolding Case Study
(by Dr. Ope Banwo, writing as an Attorney, Public Affairs Commentator, and Founder of Naija Lives Matter NGO)

In any civilized society, free speech is a cornerstone of democracy and progress. Yet, the ongoing clash between Dele Farotimi and Chief Afe Babalola illustrates the dangers of conflating defamation with criminality and exposes the deeper societal implications of criminalizing libel.

In my sincere opinion, what we are witnessing already (and it’s still less than a week since the arrest of Dele Farotimi for alleged criminal libel) is a classic case of the law of unintended consequences at work—a situation where the alleged pursuit of justice risks opening a Pandora’s box with far-reaching ramifications. Sometimes, overreaching in the pursuit of vendetta disguised as justice does more damage to the reputation of the aggrieved than the satisfaction they get from using their influence to put the offending person in jail.

  1. The Alleged Case Against Dele Farotimi

Let’s be clear: I do NOT—and very few would—endorse Dele Farotimi’s inflammatory rhetoric or his audacious claims against Chief Afe and, indeed, the entire judiciary, especially in the crass manner he has gone about it. That is, of course, unless he can substantiate his claims with evidence (and we don’t yet know if he has the goods or is just blabbing). Truth be told, Dele Farotimi’s approach has been undeniably reckless, unguarded, and, frankly, offensive.

I, too, am personally offended as a lawyer unless Dele can produce some serious receipts. If his allegations are proven false, Dele deserves to face the consequences—but, in my view, only through civil libel lawsuits, professional disciplinary measures, or even the loss of his legal practice.

In my humble view, there’s a crucial nuance here: punishment must align with the principles of justice and fairness, not vengeance. Many clamoring for Dele’s punishment seem fixated on criminally punishing him for his audacity in taking on a perceived hero of the legal profession in Nigeria, rather than considering the broader societal implications of criminalizing speech.

  1. Criminalizing Libel: A Slippery Slope

While it’s true that some countries still have criminal libel laws on their statutes (even in the USA, about 20 states still have some antiquated criminal libel laws, though rarely enforced in the last 200 years), libel is now mostly a matter of civil law in advanced democracies, where monetary damages and professional repercussions suffice as deterrents.

But when libel is treated as a criminal offense, it opens a dangerous door—one that history warns us never to open lightly.

In my considered opinion, speech, no matter how offensive, should never be criminalized. Turning speech into a crime sets a dangerous precedent, one that can be easily exploited to silence dissent and criticism.

For those of us who lived through the oppressive regimes of Abacha or Babangida, the mere thought of criminalizing speech triggers haunting memories. I was once arrested and jailed by Babangida in 1992 for organizing a conference on “The Role of Women in the Third Republic.” The government, feeling threatened by what prominent women at the conference might say, sent armed military men to shut it down before it even started.

I was arrested, detained in underground cells at the new Kuje Prison, and narrowly escaped with my life after 10 days.

That’s how it starts: first, you criminalize offensive speech; next, you criminalize inconvenient speech, and then you shut down the intent to speak. Soon, the mere act of speaking becomes a suicide mission.

  1. The Attempt TO reclaim Reputation Clashing with the Law of Unintended Consequences

The Chief Afe vs. Dele case is already spiraling out of control and falling into the law of unintended consequences. What began as an attempt to hold Dele Farotimi accountable for his unprofessional conduct has evolved into a broader societal debate about corruption, free speech, and power dynamics in the legal profession.

By pursuing criminal charges, Chief Afe may have unwittingly undermined his own legacy more than Dele ever could have done on his own.

Consider this: Dele Farotimi’s book, which many were initially unaware of, is now a bestseller. Thousands who would never have known about the book, much less spent money to buy it, have now purchased and read it, with many taking its claims as gospel truth.

The book has gone viral globally, reportedly becoming a #1 bestseller on Amazon, with rumors of it soon entering the New York Times bestseller lists. Nothing Chief does to Dele now can stop the spread of that book. Ironically, if Dele is jailed as Chief Afe obviously planned, the book will become even more popular, and Dele may emerge as a global symbol of resistance to instituional oppresison—a “prisoner of conscience” in the eyes of the world.

Yet, all of this happened because Chief Afe chose to file a petition and have Dele arrested for defaming him. Imagine how much worse this will get if Dele takes the witness stand and makes even wilder allegations in an attempt to justify his claims under the “truth” defense permitted by law.

The more Chief Afe pursues criminal proceedings, the more the narrative shifts. Suddenly, it’s not about Dele’s recklessness anymore—it’s about whether Chief Afe is trying to silence a “truth-teller.” In the public eye, perception often trumps facts. Right now, many youths believe Dele’s claims—not because they’ve been substantiated, but because his arrest is seen as an attempt to suppress dissent.

  1. Maybe its time for Chief Afe Babalola and those asking for the head of Dele Farotimi To take a look at The Bigger Picture

This case is no longer just about Dele or Chief Afe. It’s about the integrity of our judicial system, the limits of free speech, and the ethical responsibilities of power. Criminalizing libel sets a dangerous precedent, one that empowers bad actors to weaponize the law against critics.

Let’s also consider the personal toll. If this case continues, it’s almost inevitable that more allegations—substantiated or not—will surface against Chief Afe and the legal profession as a whole once it is Dele Farotimi’s turn to substantiate his grand accusations, and most of the public will believe what they hear and most will not bother to insist on good corroborating evidence. Most of the world of today are even too lazy or carelss about evidence even if some were provided. They will run with the headlines and in their heads, those headlines become fact to them. You can say they are stupid or you don’t care, but MILLIONS are like that.

Fact is most honorable men have also made mistakes in their careers, especially one as long as Chief Afe Babalola’s own that has spanned over 65 years at the Bar, and isolated incidents, taken out of context, can look damning. So maybe its time we all imagine what that will mean for Chief Afe Babalola when the legal bullets start flying.

As one of my good friends from Edo state likes to say, all we can know is what cause a fight, but nobody knows what the fight will cause.

  1. A Call for Reflection for all of regardless of the side we stand on (me I try to stay in the middle most of the time. LOL)

The Chief Afe vs. Dele Farotimi saga is a textbook example of how good intentions can backfire. Chief Afe started out trying to rehabilitate his reputation that he believed was battered by Dele Farotimi but now he is dealing with an even worse reputational damage on a global scale. His actions are about to ignite nation wide protests against him though he is allegedly the aggrieved party when all this started. Chief Afe could have ignored Dele’s provocations or pursued a civil libel case, letting the law take its course without criminalizing speech.

Instead, by over reacting and escalating the matter to a criminal case, Chief Afe Babalola has unwittingly given Dele Farotimi a GLOBAL platform to tarnish his name globally more—even from jail—and further emboldened his supporters and others who are ready to believe any negative report about our Judiciary in Nigeria. Now, because of Chief Afe Babalola’s overreaction, most who have previously been ignorant about the book, including myself, have now bought the book because Chief Afe pointed their attention to it. Most will read the book and simply believe what they read. Most will not even remind themselves or realize that they have not been given any evidence for the damning allegations in the book. It’s the way most of the world work . its sad but true.

However, I do believe its not too late to reconsider. Sure a lot of damage has been done, but a lot more damage could still be done if Chief Afe persists in this course of action to criminally prosecute Dele Farotimi. Many are no longer talking about what he said, but about how he is being oppressed by a powerful lawyer. I think, and I say it with profound respect, and huge empathy for the pain of the doyen of law in Nigeria in the middle of all this, that quietly resolving this matter and letting karma take its course would protect Chief Afe’s legacy far more than pursuing criminal charges ever could.

The damage done by Dele’s book is significant, but the damage of criminalizing speech will reverberate for decades—not just for Chief, but for all of us who value free expression. Chief does not want o tog out while in the middle of this mess. It will be a self-inflicted injury to himself and lifetime of serving the law and mankind. He can end it all this week and in one month most will not remember all this again.

Conclusion

My bottom line, and I say it with respect and without prejudice to the pain and suffering of the doyen of law who appears to have been unfairly wounded in this unfolding drama, Speech, no matter how offensive, must remain free of criminal consequences. Civil remedies exist to address defamation without undermining the principles of democracy.

As legal professionals and citizens, we must resist the temptation to weaponize criminal law against speech, no matter how tempting or justified it may seem.

Chief Afe may win the legal battle, and he may even end up sending Dele Farotimi to jail, but the fight will leave scars on his legacy and the legal profession as a whole. The law of unintended consequences is already at play, and history will not even remember how all this started. What history will likely remember is that a powerful lawyer once chose to ‘deal’ with another lawyer who allegedly libeled him by having him abducted to his stronghold state by men with guns, put him in jail without bail for weeks, and had him charged to criminal court for libel.

Anyway, anyone tried to package it, this won’t look good on anyone’s living, or  post-humous resume, no matter how genuinely aggrieved they were. The more this saga drags, the more the only thing people will remember about Chief Afe Babalola’s legendary career will not be how much he influenced the legal profession for good, or how much he helped many in the country in business, but what happened between him and Dele Farotimi. I doubt that’s what Daddy Afe  want regardless of what his offended children and well-wishers are saying now. If anything, the social media revolution has taught us that perception is often more powerful than facts.

Let us learn from this case and safeguard the fragile balance between accountability and freedom. Anything less risks unraveling the very fabric of our society.

Dr. Ope Banwo, Attorney, Public Affairs Commentator, and Founder of Naija Lives Matter NGO.