The case filed by the Inspector General of Police, Kayode Egbetokun, against activist lawyer, Mr Dele Farotimi, regarding cybercrime has been struck out by the Federal High Court, Ado Ekiti Division. This decision came after the police counsel submitted a notice of discontinuation, leading to Justice Babs Kuewumi striking out the suit.
Farotimi’s lawyer, Adeyinka Olumide-Fusika (SAN), expressed disappointment in the discontinuation of the suit, viewing it as a missed opportunity for the court to rectify the police’s misuse of the Cybercrime Act. The initial charges were filed against Farotimi on December 9, 2024, with 12 counts of cybercrime, stemming from an interview he gave regarding his book ‘Nigeria and its Criminal Justice System.’
The allegations were made following a petition by the founder of Afe Babalola University, Ado Ekiti, Aare Afe Babalola (SAN), who claimed defamation by Farotimi in his book. The court had scheduled the matter for hearing on January 29, 2025, but the police counsel informed the court of their decision to discontinue the case on the day of the hearing.
Counsel for the complainant, Samson Osobu, cited Section 108(1)(2)(a) of the Administration of Criminal Justice Act 2015 as the basis for discontinuation, mentioning Aare Afe Babalola’s desire to withdraw the case and the intervention of well-meaning Nigerians. Farotimi’s lawyer, Olumide-Fasuka (SAN), expressed no objection to the discontinuation, leading to the charges being struck out by Justice Kuewumi.
In a statement to the press outside the courtroom, Olumide-Fasuka emphasized that the missed opportunity to educate the police on the proper use of laws in Nigeria was a setback. He highlighted the importance of laws serving their intended purpose for societal orderliness and criticized the abuse and misuse of laws, including the Cybercrime Act.
He mentioned that the National Assembly had even amended the Act due to its misuse, showing a need to prevent such abuses in the future. It is noteworthy that traditional rulers, including the Ooni of Ife, Oba Adeyeye Ogunwusi, played a role in Babalola’s decision to withdraw the defamation charges against Farotimi based on the book’s content.
Overall, the discontinuation of the case against Farotimi sheds light on the importance of upholding the law for its intended purpose and avoiding its misuse for personal vendettas. The incident serves as a reminder of the need for accountability and proper application of laws to maintain justice and order in society.