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Alleged Defamation: Why We Can’t Debar Farotimi, LPDC Tells Afe Babalola

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….dismisses petition for lack of jurisdiction

The Legal Practitioners Disciplinary Committee, LPDC, has adduced reasons why it cannot revoke the license that allows the embattled, controversial author and activist, Dele Farotimi, to practice law in Nigeria.

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The legal body held that it lacked the requisite jurisdiction to delve into issues relating to the allegation of criminal defamation and professional misconduct, which were brought against Farotimi by the law firm of Chief Afe Babalola, SAN, Emmanuel Chambers.

The law firm had, in its petition, urged the LPDC to debar Farotimi by removing his name from the roll of legal practitioners in the country.

In the 90-page petition dated December 6 and signed by a partner in the firm, Mr. Ola Faro, it was alleged that Farotimi violated certain provisions of the rules of professional conduct for lawyers in his contentious book titled “Nigeria And Its Criminal Justice System.”

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READ ALSO: JUST IN: Court Grants Farotimi N30m Bail, Bars Media Interviews

Specifically, Farotimi was accused of acting in breach of Rules 1, 15(1), 15(2b), 15(3a), 15(3g), 15(3i), 15(3j), 26(1), 27(1), 30, 31(1), (2) and (4) of the Rules of Professional Conduct 2023 “by bringing the entire judiciary in Nigeria into disrepute with his unfounded allegations of corruption against eminent justices of the Supreme Court of Nigeria, judges of the High Court of Lagos State, Aare Afe Babalola, SAN, Olu Deramola, SAN, and Ola Faro, Esq., and the entire chambers of Afe Babalola & Co. in his book.”

Insisting that Farotimi engaged in conduct that was unbecoming of a legal practitioner by making false accusations against the Supreme Court and the legal profession, the petitioners further alleged that he participated in unlawful conduct by bribing judicial officers and gaining unlawful access to a judicial officer.

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“He joined his clients in committing misconduct and breach of law with reference to judicial officers by having unlawful access to a judicial officer. He gave service to his client, which he knows is capable of causing a breach of law and disrespect and corrupting a judicial officer. He knowingly made a false statement of law and facts with respect to a case already decided by the Supreme Court.

READ ALSO: JUST IN: Police Arrest Human Rights Lawyer Farotimi Over Defamation Allegation

“He assisted his clients in a conduct that he knows to be illegal and fraudulent. Knowingly engaged in illegal conduct in the course of his practice as a legal practitioner. Treated his fellow lawyers without respect, fairness, consideration, and dignity, allowing ill feelings between opposing clients to influence his conduct and demeanour by distorting the facts of a case in the cause of his practice as a legal practitioner.

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“Failed to observe good faith and fairness in dealing with other lawyers in respect to a case already decided by the Supreme Court. Conducted himself in a manner that obstructed, delayed, and adversely affected the administration of justice by taking steps to frustrate a decision of the Supreme Court for his personal benefit and the benefit of his client, who lost at the Supreme Court.

“Treated the court, particularly the Supreme Court, without respect, dignity, and honour by using uncouth, unprofessional, undignified, and offensive language against the Supreme Court and the justices of the Supreme Court. Made defamatory statements against judicial officers rather than making a complaint to appropriate authorities.”

It was the contention of the petitioners that the author “indicated that he discussed a pending case with a judge trying the case in the absence of an opposing lawyer. The contravention of these rules by the Respondent (Farotimi) prompted this petition to protect the dignity of the legal profession and the dignity of the court as the temple of justice and to uphold the standards of the legal profession.”

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READ ALSO: Trump Secures $15m in ABC News Defamation Settlement

They further noted that some statements in the book had the potential to inflame the legal profession and society, maintaining that the corruption allegations were made to discredit the Nigerian judiciary and to subject the law firm to ridicule so as to damage its hard-earned reputation and financial standing.

However, the LPDC, in its report marked B8B/LPDC/1571/2024, said it was satisfied that all the offences that were listed by the petitioners occurred in Farotimi’s capacity as an author and not during his practice as a legal professional.

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The LPDC said it was bereft of the jurisdiction to address complaints about publications, even as it enjoined the aggrieved parties to seek redress in regular courts.

“The publication is an intellectual property and not a conduct or action committed while practising as a legal practitioner.

“All aggrieved parties who find the publication ‘defamatory’ should ventilate their grievances through the regular courts,” the LPDC, which is led by Justice Ishaq Bello, added.

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It will be recalled that Farotimi had since been arraigned before the Federal High Court in Ekiti State and an Ekiti State Magistrates’ Court, Ado-Ekiti, for alleged criminal defamation.

Likewise, both a High Court of the Federal Capital Territory in Abuja and an Oyo State High Court barred him from further publishing, selling, circulating, advertising, or distributing the hard or soft copies of the controversial book.
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JUST IN: Benue, Plateau Attacks: DSS Arraigns Nine Prime Suspects

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The Department of State Services, DSS, has arraigned nine prime suspects in connection with the recent killings in Benue and Plateau States.

Channels Television reports that the DSS also charged a suspected gunrunner arrested with Seven M16 rifles.

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The nine suspects were being accused of complicity in recent deadly attacks in Yelwata, Guma Local Government Area of Benue State, as well as in parts of Plateau State.

READ ALSO: DSS Charges Nine Over Benue, Plateau Massacres

More to follow…

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Vietnam Returnee Stabbed To Death In Abia

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A Vietnam–based Nigerian, Samson Nwaubani, has been killed in a communal clash between the Okwu and Umuajata communities in Umuahia, Abia State.

According to The PUNCH, the incident occurred on Tuesday, August 27, during the annual New Yam festival held in Olokoro, where both communities are located.

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It was gathered that tension had built up before the festival after a confrontation between a resident of Umuajata and another from Okwu degenerated into a fight.

The crisis reportedly escalated when youths from Okwu allegedly stormed the Umuajata community and destroyed some properties.

On the day of the New Yam festival, Samson and some Okwu youths were said to have passed through Umuajata while en route to the celebration grounds.

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READ ALSO:Man Stabs Colleague To Death In Lagos Over Money Dispute

A source privy to the incident told our correspondent on Sunday that they were ambushed by suspected Umuajata youths, thereby resulting in a violent clash.

The source said Samson was stabbed in the process, after which he slumped and died on the spot.

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The New Yam festival holds in phases, and the one held last Tuesday was ongoing when a fight broke out between youths around the Umuajata area. We were later told that Samson and some men from Okwu were heading to the festival when some members of Umuajata attacked them. It was during the fight that he was stabbed in the neck and also macheted in his arm before he bled to death.”

Another source privy to the incident told newsmen  that some elders had intervened earlier when the crisis began.

What happened was as a result of a lingering dispute between the Okwu Olokoro and Umuajata Olokoro communities. When the problem started, the elders reached out to them to settle their differences. They also warned them against engaging in an act that could escalate the matter. Aside from the person who was killed, some people were also injured during the ambush,” the source narrated.

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READ ALSO:Man Stabs Lover To Death In Rivers Over Cheating Allegation

Meanwhile, the Umuahia South Local Government Area of the state has suspended the celebration of a masquerader activity associated with the annual festival, citing rising cases of violence in the area.

According to a statement seen by our correspondent on Sunday, the suspension followed an emergency peace and security meeting convened on Thursday by the Executive Mayor of the Umuahia South Local Government Area, Chinedu Enwereuzo, alongside traditional rulers of the Olokoro Clan, security chiefs, and other stakeholders.

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The statement signed by Enwereuzor partly read, “The Igba Ekpe associated with Iriji (New Yam) festivals is suspended across Umuahia South LGA until further notice. This decision stems from intelligence linking certain festivities to insecurity and criminal activities.

“Ndi Eze, community leaders, and youth groups are directed to enforce full compliance, as communities or groups of persons who violate this directive will face the full force of the law. This suspension will be reviewed once risks are addressed, while cultural identity will continue to be promoted through safe and lawful activities.”

READ ALSO:Gunmen Stab Ogun Bizman To Death

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The council boss urged residents to prioritise peace and unity, especially in the Okwu and Umuajata communities of the Olokoro Clan, where the incident happened.

He added that the safety of lives and property remained the paramount concern of his administration.

When contacted on Monday, the state Police Public Relations Officer of the Abia State command, Maureen Chinaka, did not respond to calls made to her telephone line.

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A text message sent to her had yet to be responded to as of the time this report was filed.

 

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12 Saudi-bound Trafficking Victims Rescued In Kano

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The National Agency for the Prohibition of Trafficking in Persons, Kano Zonal Command, has taken custody of 12 rescued victims of human trafficking, all of whom are female and aged between 15 and 50, the News Agency of Nigeria reports.

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The Zonal Commander of NAPTIP, Mr Abdullahi Babale, confirmed the development on Monday in Kano while receiving the victims from the Kano State Hisbah Board, which carried out the rescue operation in collaboration with the agency.

According to Babale, the victims were intercepted on Sunday at Karota Luxurious Park, Hotoro Western Bye-Pass, while en route to Ghana and onward to Saudi Arabia for suspected labour exploitation.

READ ALSO:I’m Not Coming, Speed Darlington Defies NAPTIP Arrest Warrant

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He disclosed that the victims, who hailed from Kano, Katsina, Borno, Jigawa, and Zamfara states, were being trafficked under the guise of seeking better job opportunities abroad.

NAN reports that one suspect, identified as Mohammed Saleh, 45, was arrested in connection with the case.

Babale said efforts were ongoing to apprehend other key suspects involved in the trafficking network.

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The rescue and arrest are in line with the directive of the NAPTIP Director-General, Hajiya Binta Adamu-Bello, to intensify intelligence gathering and crack down on suspected traffickers operating within Nigeria,” Babale stated.

READ ALSO:NAPTIP Declares Speed Darlington Wanted For Tape, Cyberbullying

He commended the Commander-General of the Kano Hisbah Board, Sheikh Aminu Daurawa, and the Kano State Government for their continued collaboration in the fight against human trafficking and the protection of vulnerable citizens.

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Babale assured the public that the victims would undergo counselling and rehabilitation before being reunited with their families, in line with NAPTIP’s victim-centred approach.

He also called on parents to be more vigilant in safeguarding their children from traffickers who exploit economic hardship and lure victims with false promises of greener pastures abroad.

We urge members of the public to report any suspicious movement or activities related to human trafficking in their communities,” he added.

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