Court orders seizure of Farotimi’s book, Afe Babalola’s law firm warns bookstores

Following Wednesday's court order, Afe Babalola & Co. issued warnings via email to bookstores, instructing them to cease selling the book.

The Federal Capital Territory (FCT) High Court in Abuja has ordered the seizure of physical copies of lawyer and activist Dele Farotimi’s book, alleged to contain defamatory content about prominent Nigerian lawyer Afe Babalola.

The judge, Peter Kekemeke, issued the order on Wednesday, directing the police and other security agencies to seize copies of the book wherever they may be found.

The ruling followed an application by Kehinde Ogunwumiju, a Senior Advocate of Nigeria and managing partner at Afe Babalola & Co.

Mr Ogunwumiju, in the substantive suit yet to be heard, is seeking N500 million in damages from Mr Farotimi for allegedly defaming him, the law firm, and its other lawyers in the book.

The book, ‘Nigeria and its Criminal Justice System’, an unfiltered, freewheeling critical account of Mr Farotimi about the Nigerian judiciary, is at the centre of Mr Ogunwumiju’s N500 million civil libel case, as well as two criminal cases alleging defamation against Mr Babalola, his law firm, and its associates.

Mr Babalola, the founder of Afe Babalola University Ado Ekiti (ABUAD), filed the petition prompting the police last week to charge Mr Farotimi with criminal defamation at a chief magistrate’s court and cybercrime violations at the Federal High Court, both located in Ado Ekiti.

On Wednesday, Mr Kekemeke, issued an ex parte order – granted without a hearing from the respondent, Mr Farotimi, stopping the distribution and advertisement of the book, following Mr Ogunwumiju’s request.

The judge issued an order of interim injunction directing the Nigerian Police Force, State Security Service, Nigeria Security and Civil Defence Corps (NSDC) and all other security agencies to seize all physical copies of the book wherever they may be found “worldwide” pending the hearing and determination of the motion on notice for interlocutory.

He also temporarily restrained the defendant, Mr Farotimi, publishers, his agents, Amazon Online Bookstore, and other bookstores, “from further publishing, selling, circulating, advertising, or distributing the physical/ hard/ digital/ soft copies of the book” online, electronically, physically or by any other means including social media.

Others specifically mentioned in the two orders and barred from further publishing, circulating, advertising or distributing copies of the book are Dele Farotimi publishers, RovingHeights Bookstore, Booksellers Bookstore, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore and Patabah Books Limited.

The management of RovingHeights Bookstore informed PREMIUM TIMES on Thursday morning that they had immediately complied with the court order by immediately stopping the sale of the book.

PREMIUM TIMES reported that the suit came after the book has gained tremendous traction, reaching a top spot on Amazon’s bestseller list within days of cascading police actions against Mr Farotimi following Mr Babalola’s petition last week.

PDF copies of the book, which was launched in July, have also circulated widely in the last one week of its newly found popularity.

Law firm warns, threatens bookstores

Following Wednesday’s court order, Afe Babalola & Co. issued warnings via email to bookstores, instructing them to cease selling the book.

The bookstores received the warning on Wednesday with threats that non-compliance with the court order could result in imprisonment, financial penalties, and restrictions on their websites.

“As the book is being sold online via your website and social media handles, the contempt proceedings on behalf of our client will include orders of the Court directing the Nigerian Communication Commission (NCC) to restrict access to your website and social media handles.

“Furthermore, be informed that your individual directors/management staff risk sanctions (including but not limited to financial and custodial), as far as the law permits, should they fail to comply with the said orders of the Court promptly,” the email seen by PREMIUM TIMES read in part.

The law firm demanded the bookstores to write to it to confirm their compliance with the order within 48 hours of the receipt of this email, “failing which you would be deemed to be in disobedience of the said order of the
Court so that the Claimant will be constrained to institute contempt of court proceedings against you.”

The book, Farotimi’s legal challenges

The 104-page book accused the law firm of “compromising the integrity of the Supreme Court,” scheming with “crooked lawyers and incompetent justices,” and “doctoring” a Supreme Court judgement.

It also accused Mr Babalola of corrupting the Supreme Court in the service of his clients.

“The words complained of are not only false, but also malicious, reckless and defamatory,” Mr Ogunwumiju’s suit read in part.

The lawyer, who seeks N500 million compensation for the alleged defamation, denied ever being involved in any judicial corruption in his long years of practice as a lawyer, despite handling high-profile cases.

This suit adds to Mr Farotimi’s legal challenges, as criminal defamation and cybercrime cases, prompted by Mr Babalola’s petition to the police, are already pending against him in both the Chief Magistrate’s Court and the Federal High Court, in Ado Ekiti, Ekiti State.

Mr Farotimi has denied the charges in both cases.

On Tuesday, the Chief Magistrate’s Court in Ado Ekiti adjourned until 20 December to rule on Mr Farotimi’s bail application.

The development came barely 24 hours after the Federal High Court in Ado Ekiti granted him N50 million bail in the cybercrime case.

Mr Farotimi, handcuffed, attended proceedings in both courts from prison on Monday and Tuesday.