*Are The New Federal Charges Against Dele Farotimi To Cover Up The Criminal Libel Goof?* Does Ekiti Really Have Laws Against Criminal Defamation?

In the wake of Dele Farotimi’s dramatic arrest and arraignment in Ekiti State, a critical question has emerged as we research ekiti laws: Does Ekiti State even have laws criminalizing defamation? While the authorities appear to have acted with calculated intent by transferring him out of Lagos—where criminal defamation is not recognized—it is increasingly evident that their strategy may have been built on shaky legal ground.

The Legal Background: Ekiti State’s Criminal Law

Everybody seemed to have ignored this but threeyears ago, Ekiti State enacted the Criminal Law of Ekiti State No. 12 of 2021, a comprehensive legal framework comprising nine parts, 429 sections, and 140 pages. This law repealed and replaced the state’s earlier Criminal Code Law of 2012. However, nowhere in this updated legal framework is criminal defamation recognized as an offense.

The closest relevant provision is found in Section 70, which criminalizes causing disaffection or breach of the peace through offensive publications. Yet, this is classified as a simple offense, punishable by a maximum of six months in prison. Crucially, it does not equate to criminal defamation, the alleged crime for which Dele was hastily arraigned.

What Happened in Ekiti?

On December 3, operatives of the Nigeria Police Force (NPF) reportedly abducted Dele Farotimi from his residence in Lagos—a state where criminal defamation does not exist under the law. He was transported across state lines to Ekiti, where he was detained and subsequently arraigned the following morning before a Magistrate.

The charges brought against him were reportedly based on criminal defamation, a legal concept absent from both Lagos and Ekiti laws. Despite this glaring discrepancy, the Magistrate remanded Dele in prison custody for a week, until December 10.

The Legal Misstep

The actions of the police and the Magistrate raise serious questions about the legitimacy of the charges and jurisdiction. The following points highlight the legal missteps:

1. Non-Existence of Criminal Defamation in Ekiti Law
The Ekiti State Criminal Law of 2021 does not recognize criminal defamation as an offense. Therefore, the charges brought against Dele Farotimi, if it is criminal defamation they have charged him with as we are made to beleive, were not based on any crime known to Ekiti law.

2. Jurisdictional Issues
Even if criminal defamation existed in Ekiti’s laws (which it does not), the alleged offense reportedly occurred in Lagos. Under Nigerian law, jurisdiction typically lies where the offense was committed. Cheif Afe will now have the higher burden of proving whatever Dele is accused of doing to him since state has burden of proving its case beyond reasonable doubt on the high level elements of the offence

3. Abuse of Legal Process
The Magistrate’s decision to remand Dele without clear jurisdiction or a valid charge undermines the integrity of the judicial process. It suggests undue haste and raises concerns about whether legal protocols were followed.

Why the Shift to Federal Charges?

With the apparent collapse of the legal basis for prosecuting Dele in Ekiti under state law, it is now clear why they are trying to fix their gaffe by getting the inspector general of police to bring federal charges against him.

This pivot suggests an acknowledgment of the untenability of the initial charges and a scramble to find a more plausible legal framework.

Federal laws, such as those relating to cybercrime or sedition, are now being used as fallback options when state laws fail to support a case. However, such a move would further expose the initial misstep and reinforce the perception of a politically motivated witch hunt.

The Bigger Picture: A Dangerous Precedent

The Dele Farotimi case is emblematic of a troubling trend in which individuals are arrested and detained under dubious legal circumstances. The apparent weaponization of the criminal justice system to suppress speech or intimidate critics undermines the rule of law and erodes public trust in legal institutions.

This case also highlights the need for greater public awareness of legal principles. Many Nigerians remain unaware of the limitations of state laws, which allows such procedural abuses to go unchallenged.

Conclusion: The Arrestees Goofed

The facts suggest that the operatives who orchestrated Dele Farotimi’s arrest and arraignment in Ekiti failed to adequately understand the state’s legal framework. Their reliance on non-existent laws and disregard for jurisdictional boundaries not only weakened their case but also exposed the entire operation to legal ridicule.

Now faced with the collapse of their initial strategy, the authorities appear to be grasping for federal charges to salvage the case. This desperate shift underscores the lack of preparation and legal basis for the original arrest.

Ultimately, this saga serves as a cautionary tale about the dangers of overreach and the importance of adhering to the rule of law. The attempt to use criminal defamation as a tool for suppression has backfired spectacularly, placing the burden of legal and public accountability squarely on the shoulders of those who orchestrated this ill-conceived charade.

Every Nigerian life Matters. Both the accused and accuser’s right and access to fair trial must be preserved and we will keep on this issue until it is resolved

My name is Ope Banwo, Founder Naija Lives Matter