Kemisola Oye
THE Open Society on Justice Reform Project (OSJRP), a non-governmental organisation, has expressed concern about the criminal defamation charges recently instituted against Mr Dele Farotimi by Chief Afe Babalola (SAN), under the Cybercrimes (Prohibition, Prevention) Act.
The group also urged stakeholders to advance Nigeria’s democratic ideals and called for the release of Mr Farotimi, noting that his continued prosecution undermines the spirit of free speech, and justice and offends the provision of the 1999 Constitution (as amended).
OSJRP Executive Director, Samuel Akpologun, said there is an urgent need to address the criminalisation of libel and Section 24 of the Cybercrimes Act, both of which, according to him, pose significant threats to freedom of speech and civic engagement in Nigeria.
According to him, “The criminalisation of defamation contributes terribly towards shrinking the civic space, a chilling precedent.
“By resorting to criminal proceedings to ventilate his grouse with Dele Farotimi, Chief Afe Babalola (SAN) would be setting a dangerous precedent for public officials and politically exposed persons to use the same method to gag critical viewpoints and undermine the judiciary integrity.
“Chief Afe Babalola’s legacy stands as a beacon of legal excellence. His actions must align with justice and human rights, promoting a judiciary that safeguards free speech, fosters robust public discourse, and reflects international best practices.
“The way out of this is for the revered legal luminary to retrace his steps and seek his redress, if he must, via a civil claim. The only good thing about this situation is that it provides the court with an opportunity of setting the law right by publicising the amendment of Section 24 of the Cybercrimes Act”
OSJRP has, therefore, called on the courts to vehemently resist granting convictions based on criminal defamation provisions and make it difficult for public officials to gag critics and undermine the integrity of the judiciary.
“Judges must boldly declare the criminalisation of defamation unconstitutional. The OSJRP remains committed to justice reform and upholding the rule of law as Nigeria pursues its Sustainable Development Goals. Let this case ignite a broader conversation about decriminalizing defamation and expanding civic space in Nigeria.”
Eighteen-Eleven Media