And So It Begins…The Two Separate Defamation Trials of Chief Afe Babalola Vs Dele Farotimi

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And So It Begins…The Two Trials of Chief Afe Babalola vs. Dele Farotimi (Ope Banwo, self styled ‘Mayor of Fadeyi’ and Founder, Naija Lives Matter writes on the upcoming criminal trial of dele Farotimi for defamation by Chief Afe Babalola)

Of course, I don’t need to be a libel trial lawyer to know that one of the defenses Dele will likely pursue is the “No Reputation to Protect” (NRTP) defense, especially if he cannot make the “Truth Defense” stick. We all know it’s almost impossible to prove truth as a defense in such cases unless he has rock-solid evidence—documents, audios, or credible witnesses.

However, the NRTP defense is much easier to establish especially if the alleged person defamed has a lot of problematic issues bordering on reputation

My limited understanding of Libel laws and this particular Defence of “NO REPUTATION TO PROTECT” is that you cannot be defamed if you have no reputation to defend in the first place . So whatever rubbish I say about you cannot be punished“🤷🏿‍♂️🤷🏿‍♂️

With the NRTP defense, Dele may not even need to prove the truth of his specific accusations. He would only need to unearth enough cases, innuendos, or even disjointed incidents from Baba’s past to create a plausible argument for “no reputation.”

Of course, many SANs will argue that Baba has an impeccable reputation, with a line of witnesses ready to testify to his honor—even from the highest offices in the land. Plus physical and tangible proof of his global reputation as a great lawyer, educationist and humanitarian. It all looks clear and confident as he kept insisting he wants a public criminal trial for the pesky dele Farotimi who has undoubtedly caused him much pain . Maybe so

But that’s precisely why our legal system still organizes a court trial for a murder accused evne if he shot hos visiting live and on recorded tv . The trial must still play out and we have seen people walk away from it when other facts start coming out at trial to let us know that the story does not begin and end with the gunshot we all witnessed in hoorror .

This insistence on criminal prosecution is a classic David vs. Goliath battle and Baba’s legal reputation and dele Farotimi’s freedom is on the line. Though it appears too late now but it’s a very consequential battle for both. Dele Farotimi will retrace, for the world to see, Every innocuous misstep from Chief Afe’s illustrious 65-year career will become fair game—twisted by lawyers, misinterpreted, and weaponized by a man fighting for his freedom. Even his most generous donation of money to a UK school will be made to look like the calculated moves of a corrupt lawyer. Just wait . It won’t be fair but then it’s war. Whether Baba wins or loses, this trial will be anything but pretty.

Dele Farotimi on the other hand really has no reputation to worry about and I many case it’s not his reputation that’s at issue here. It’s Baba’s own

  1. Two Trials, Two Different Predictable Outcomes

I believe that This case is not being fought in just one courtroom. It’s taking place in two distinct arenas:

1. The Criminal Court and Police Stations :
Here, formal judges preside. In this courtroom, Dele is undoubtedly the underdog. Baba holds all the cards—the weight of the law, sympathy from the judiciary, and a profession that sees this as an attack on its integrity.

2. The Court of Public Opinion:
This is where things take a different turn. In the court of public opinion, Baba is the underdog, simply by virtue of his wealth, power, and influence.

The overwhelming public instinctively roots for the Davids of the world, even when David might be in the wrong. In Nigeria, America, the UK, or anywhere else in the world, it’s the same. People love to believe the worst about the rich and influential. Gossip thrives, and reputations crumble under its weight. The mob loves to feed on the blood of the rich and they are in the millions

Anyone imagining that a man with a 65+ year career in the public space—however stellar—will not have some controversial material that can be twisted against him doesn’t understand life. Most of what Dele’s team might dig up will probably be out of context or inadmissible under evidential rules, but in the court of public opinion, nobody will care. Stories will spread, and as they do, they will grow worse, exaggerated by whispers and imagination.

2. Criminal Trial For Libel Is A Risk That May Tarnishing the Legacy

In the end, Dele might succeed in doing exactly what Baba hoped to avoid: tarnishing his legacy. Even if Dele is convicted and serves the maximum sentence, Baba’s reputation may still suffer irreparable damage.

Some might argue that “1,000 Dele Farotimis cannot diminish Baba’s reputation.” But I challenge you to conduct a poll on any platform, outside of lawyers’ circles, and ask a simple question: “Do you think Baba Afe is a corrupt attorney who has influenced judges?” If fewer than 60% answer “yes,” I will bet you ₦1 million to your ₦100k that the percentage would shock even Baba’s staunchest supporters. Ironically, if Dele is convicted, that number may rise to 90%, because many will see the conviction as further proof of systemic corruption.

3. Was This Fight To Criminalize Defamation Even Necessary?

We said it from the beginning: this case should have been a civil matter. By going the criminal route, Baba has inadvertently drawn attention to accusations that would otherwise have faded away. Few people even knew when Dele sued Baba for libel years ago. It is this criminal prosecution—this attempt to jail him for speech—that has brought everything into the spotlight.

Baba’s best chance to salvage his reputation lies in Dele recanting, publicly apologizing, and admitting that his accusations were baseless. But knowing Dele’s personality, that seems unlikely. Dele is as stubborn as Baba himself, and neither man appears willing to back down.

4. – The Judiciary’s Stake: Chief Afe Babalola has inadvertently Put The Judiciary On Trial Too 

Any way you look at this, The judiciary, too, is on trial in this case now. Dele’s sweeping accusations have implicated not just Baba but the entire system. Judges, many of whom feel personally attacked, may be tempted to align against Dele. Yet, this same judiciary knows it must tread carefully to avoid confirming public perceptions of bias and corruption.

Dele’s case puts the judiciary in an uncomfortable spotlight. By giving him leeway to present evidence, they might avoid further suspicion. But in doing so, they risk exposing more of the system’s flaws.

5. Public Sentiment and the No-Win Situation For Chief Afe Babalola

Most people watching this case are thinking, “This could be me tomorrow.” That sentiment fuels outrage over criminalizing defamation—a move seen as an attack on free speech. Baba may win in court, but public opinion will not be as forgiving.

This case has become a battle over legacy, integrity, and the boundaries of free speech. The real losers, however, may be the judiciary, lawyers, and the justice system itself. What could have been a straightforward civil case has snowballed into a public trial of Nigeria’s legal system.

Conclusion

This coming criminal trial for Defamation, which in my respectful opinion could, and should have been handled at the civil lawsuit level, highlights the tension between power and accountability. Whether Baba wins or loses, the damage to his legacy and the judiciary’s reputation is done. The only way forward is for institutions to learn from this case and reform.

For now, both Baba and Dele are locked in a no-win duel. The criminal case will play out, but the court of public opinion has already rendered its verdict: the system is flawed, and the consequences are being felt by everyone involved.

By criminalizing speech, we risk silencing dissent and eroding trust in justice. Let us hope this case becomes a turning point—for the judiciary, for free speech, and for all Nigerians who value truth and accountability.

All Nigerian Lives Matter- both the accused and the accuser. The both deserve their day in the appropriate courts and we Nigerians will be with them every step of the way, in formal court and in the court of public opinion

Ope Banwo
Founder Naija Lives Matter
And Mayor Of Fadeyi