Should Dele Farotimi Have Gone the Fiction Route to Voice His Accusations?

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*Should Dele Farotimi Have Gone the Fiction Route to Voice His Accusations?* (Dr Ope Banwo, Founder, Naija Lives Matter )

One of my highly respect led friends recently posed an interesting thought: While corruption in our judiciary may be undeniable, perhaps Dele Farotimi should have chosen a fictional approach to highlight the issues just like the great fictional writers like chinua Achebe or the great Wole Soyinka who used satire and fiction to fight corruption, rather than directly naming living individuals like the equally great Fela who suffered untold hardship for taking the direct approach .

By taking the route of storytelling, or fiction. the argument seemed to logical go, he could have made the same point without attracting the firestorm of legal and social backlash he now faces.

On the surface, this seems like a good idea. Fiction has long been a powerful tool for social commentary. Writers like Chinua Achebe, George Orwell, and even our own Wole Soyinka have used it to expose societal flaws while shielding themselves from direct confrontation.

But as compelling as the idea may sound, we must remember one thing: we all choose our own paths.

I, for instance, am taking the fiction route with my own upcoming novel on the same issues, “The Obidient Lawyer”, a creative exploration of judicial corruption based on emerging headlines. I write a chapter a day, and weaving a ‘fictional’ story that exposes the systemic flaws in our judiciary while leaving room for interpretation. But Dele Farotimi has chosen a different path—one that’s bold, direct, and unapologetically confrontational.

At the end of the day, Who are we to say he is wrong?

Fiction or Non-Fiction: Which Approach Works?

Corruption is corruption. Whether you confront it through fiction or non-fiction, the goal remains the same: to shine a light on the rot and demand accountability. As long as someone is willing to step up and confront it, they deserve our respect.

That said, there are risks to naming names, especially in a system as deeply entrenched as ours. Baba’s claims of being wrongly accused are serious, but he must recognize that public perception is shaped by the very system he operates within.

Let’s be honest: if our judiciary is indeed corrupt, as even the Supreme Court has admitted, the culprits aren’t the regular Mama Ngozi hawking tomatoes in Ajegunle or Musa the gateman selling cigarettes in Surulere. No, corruption is the domain of those with clout, money, and influence. Unfortunately, this means people like Baba fit the profile, whether fairly or not. Dele has claimed he is and baba has denied it. The matter should have been made to play out on. Level playing field in our civil courts , not turned into a criminal spectacle tjat seeks to treat the accusation , no matter how unfair as the equivalent of a serious crime like traleasonable felony or cyber terrorism

By choosing to criminalize Dele Farotimi’s speech rather than addressing the allegations head-on in civil court as most civilized nations do, Baba has only fueled suspicions that maybe Dele was spot on afterall to have fingered him in his book . Most ordinary people instinctively hate heavy handedness from the powerful and baba is just realizing how strong those feelings are.

A heavy-handed approach—handcuffing him, filing criminal charges, getting comprehensive ex parte orders while the deny him bail for a misdemeanor offence smells like an attempt to silence him—and that does not exonerate anyone.

On the contrary, it makes it seem as though Dele’s accusations may hold water, even without a shred of evidence to support them. A civil court, where the truth can be tested fairly, would have been the proper arena for this fight.

The Battle for Judicial Accountability

This isn’t the first time we’ve seen someone take on the judiciary. Gani Fawehinmi, one of Nigeria’s most respected legal minds, fought tirelessly to expose corruption. But Gani’s approach, while noble, was limited by the rules of the very institution he sought to reform. The system turned its rules against him, stifling his voice and preventing the sweeping changes we desperately needed.

I think it’s a de ju vu experience to recall that FRA that Gani chose to finger publicly as the face of corruption in our legal practice in his time also sought to have Gani jailed and tried to get his bar license revoked too. Ultimately not only did FRA fail in his ultimate objective against Gani, Gani still made a comeback to get his SANship will FRA was still alive country to what FRA had publicly sworn would not happen

Sadly, Chief Afe in throwing everything including the kitchen sink at Dele Farotimi for his audacity to associate him with judicial corruption appears to be going exactly the FRA way . The only difference this time is he does not only have ot deal with only the Rules of Court, he has to deal with the ‘rules’ of the ‘Supreme Court Of The People’ n social media … here the rules are fluid and the mob can be vicious even without any proof

Dele Farotimi, represents a new breed of reformer. He is legally uncouth in his speeches, irreverent, openly contemptuous of the power elites, and unafraid to challenge the status quo.

Backed by the power of social media and a growing army of unsolicited supporters, Dele has brought a new playbook to this fight. His supporters amplify his voice, expose hypocrisies, and retreat into the social media shadows with fake names, leaving his opponents scrambling to respond.

This battle is unlike anything we’ve seen before. It’s the first major clash between the judiciary and a powerful social movement in the age of social media. Baba, once hailed as a truth-teller by the same mob (and he probably loved it then 😂), now finds himself on the receiving end of the same furnace that burns anyone who draws the ire of the online masses.

So What Comes Next?
As this conflict unfolds, I predict the following with certainty:
1. Dele Farotimi will not be the only casualty. Senior lawyers, sitting judges, and even retired justices will become collateral damage. The judiciary will be dragged into the court of public opinion, where technicalities like the “slip rule” won’t shield them from the outrage of Mama Lati in Oyinbo Market or stubborn Ikenna on Twitter who will not easily understand how a supposedly incorrupt team of 5 Supreme Court judges can write “10 Hectares” in a final judgement when they meant “254 hectares” and how they can then be compelled by Lawyers from Chief Afe Law Firm to reversed themselves thereby triggering the mother of all defamation laws that we are all now paying for .

2. This battle will lead to reforms. The noise and outrage will probably become so unbearable that the legislature and executive will be forced to act. Even the Supreme Court will have to adapt and get better as they ‘shalaye’ some of their strange decisions especially the ‘10-For-254 Hectare’ mistake that they tried to fix under their Slip Rule .

While it may be too late for Dele, (it’s clear the establishment are determined to jail him but also ruin him financially forever for his impudence ) his struggle could still pave the way for a more just and transparent system.

3. International attention will grow. Human rights organizations and international bodies are already taking notice. Petitions challenging expansive ex parte orders, denial of bail for minor offenses, and the abuse of criminal charges are being drafted and circulated. Even the UK Parliament will be forced to discuss the issue if enough signatures are gathered.

4. Social media will continue to amplify injustice. The mob is unpredictable and relentless. Baba’s businesses outside the legal field may feel the heat if this spirals further.

His decision to criminalize speech, rather than engage in a fair civil battle, was a misstep that could have lasting repercussions.

Choosing Sides

Not everyone has the courage for a kamikaze mission like Dele’s. It takes extraordinary bravery to look someone like Baba Afe Babalola in the eye, say “F you,” and accept the consequences. Baba Afe is not only a very powerful man he is also someone who does not have any qualms about using his clout if incensed enough .

It appears the stubbornly suicidal has finally met the unrelenting executioner . From my vantage point of watching both of them do their dance, the only question now is whether the executioner can manage to execute the suicidal without allowing to press the trigger button of his ‘Samson Option’.

I’ll admit, I don’t have that kind of courage to go after a living insttution like Chief Babalola. Twenty years ago, maybe. But now, as a member of the “elite,” I value my freedom and comfort too much. I’ve chosen the fiction route, but I deeply respect Dele’s decision to fight head-on.

The fight over whether speech should be criminalized has begun. Eventually, everyone will have to pick a side. Many claim neutrality, but we all know no one—especially lawyers—can truly remain neutral in this case. Too much is at stake.

As for me, I stand firmly with Dele Farotimi. Not because I agree with everything he says, or condone the alleged libeling of anyone, but because criminalizing speech, even if libelous, is a dangerous precedent.

To my mind, This is a matter for civil court, not the criminal justice system. Speech, no matter how provocative, should never result in imprisonment.

After all is said and done, It’s a battle worth fighting, and though no side will emerge unscathed, the war for accountability in our judiciary must continue.