Court Orders Dele Farotimi to Remain in Custody Until December 10 for Alleged Defamation
The Civil Rights Realization and Advancement Network (CRRAN) on Wednesday deplored the arrest and remand in prison custody of Dele Farotimi, describing it as unconstitutional.
President of CRRAN, Olu Omotayo, Demands the immediate release of the activist, he went Further to state that respect for the human rights of citizens has continued to worsen “as courts in the country now operate as an appendage or extension of the Nigerian Police.”
Lamenting the law for which Farotimi is being incarcerated as draconian, Omotayo stated that there are enough constitutional provisions to charge him rather than the current arrangement.
“We just heard in the news that Dele Farotimi, after his abduction in Lagos, was arraigned in court in Ekiti State and remanded in prison. Farotimi was alleged to have made defamatory remarks against Afe Babalola and Tony Elumelu in his recent publication.
“In the famous Arthur Nwankwo’s case, the Court of Appeal held that Sedition or Criminal Defamation was a law used by our colonial masters to subjugate the locals, and there should be nothing like criminal defamation in a democratic setup, as there are enough redress available for the government or aggrieved citizens under the law of libel,” he said.
Omotayo further observed that over a year ago, at the advent of this government, the number of citizens arrested and detained for criminal defamation had surpassed what happened in any of the previous democratic governments in Nigeria.
Making further reference to the case of Arthur Nwankwo Vs The State (1985) 6 NCLR 228, he stated that Nwankwo, who was a gubernatorial candidate in Anambra state in 1982, was alleged to have attacked the governor, Jim Nwobodo, in the book he published titled “How Jim Nwobodo Rules Anambra State” and was sentenced to 12 months imprisonment for the offences of ‘publishing seditious publications’ and ‘distributing seditious publications.’
He said: “He went on appeal. The Court of Appeal discharged and acquitted him and held, inter alia, that although the book sharply criticises the government, it was indeed healthy in a true democracy. Hon. Justice Belgore held that the charge against the appellant/accused was inconsistent with sections 36 and 41 of the then 1979 Constitution.”
He stated, therefore, that it was surprising that over 40 years after the case, “our society and development are being dragged back to give effect to what was condemned by the judiciary over 40 years ago.”
“We urge the Chief Justice of Nigeria to urgently save the citizens from the dangerous route the courts in Nigeria are plying. The hard-earned constitutionally guaranteed rights of citizens are gradually being filtered away by the courts, and this calls for urgent attention.
“We condemn the arrest, detention, and remand of Farotimi as it is unconstitutional and violates the Rule of Law. We demand the immediate release of Farotimi from the unconstitutional detention,” he added.
