LPDC rejects Afe Babalola’s firm bid to disbar Dele Farotimi
A petition by Afe Babalola against Dele Farotimi that led to his arrest and remand in custody has surfaced online.
In the petition, Babalola alleged that he was defamed in Farotimi’s book.
He wrote:
Dear Sir,
CRIMINAL DEFAMATION OF AARE AFE BABALOLA, AFE BABALOLA & CO AND HER LAWYERS BY DELE FAROTIMI
I write to report the criminal defamation of myself, my law firm Afe Babalola & Co and my lawyers in person of Olu Daramola SAN and Ola Faro by one Dele Farotimi in his book titled ‘NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM’ published by Dele Farotimi publishers in respect of Suit no: SC/146/2005: Major Muritala Gbadamosi Eletu & Ors V.H.R.H Oba Tijani Akinloye & Ors.
SUIT NO: SC/146/2005: MAJOR MURITALA GBADAMOSI ELETU & ORS V. H.R.H OBA TIJANI AKINLOYE & ORS (2013) 15 NWLR PART 1378.
We were solicitors to the Gbadamosi Eletu family in the case of Major Muritala Gbadamosi Eletu & Ors V. H.R.H Oba Tijani Akinloye & Ors.
The Appellants lost the case at the High Court and the Court of Appeal before briefing my law firm to represent them at the Supreme Court.
The Appellant in this suit were Defendants at the High Court. The subject matter of the suit was 254 hectares of land at Osapa Eti-Osa Local Government Lagos sold to the late Gbadamosi Bamidele Eletu in 1977 by the Ojomu family. The said parcel of land was later acquired by Lagos State Government after it was sold to the Gbadamosi Bamidele Eletu by the Ojomu family.
The Ojomu family contested the acquisition against Lagos State Government in Suit No: ID/1883/89 wherein the court set aside the acquisition by the Lagos State Government. The Ojomu family then instituted the suit at the High Court of Lagos State claiming that title to the land had reverted to the Ojomu family despite the earlier sale of the land to late Gbadamosi Bamidele Eletu.
We represented the Eletu family and Judgement was delivered by the Supreme Court on 13/7/2013 in favour of the Eletu family wherein the Supreme Court held that: “Where a party has fully divested himself of all interest in land, no right vests in him to deal with the same property by way of further alienation anymore. He is caught by the maxim, nemo dat quod non habet; that is, he cannot give that which he no longer has. In the instant case, it was unfortunate that the respondents claimed title to the whole of their family land compulsorily acquired by the Lagos State Government including the portion earlier sold to the father of the appellants and in which they were in effective possession. The claim so made without disclosing the truth and excluding the said portion so sold was clearly made in bad faith and smacked of insincerity. It was very unconscionable and consequently against the principles of equity and good conscience.”
The Supreme Court also held that: “A court of law should not allow itself to be used as an engine for the perpetration of fraud, in whatever guise.”
A copy of the judgment is hereby attached as annexure 1.
VARIATION OF JUDGEMENT
Honourable Justice Kumai Bayang AKA AHS JSC wrote the lead judgement. His Lordship erroneously limited the land of the Appellants to 10 hectares (24.17 acres) in respect to Suit no: M/779/93 whose subject matter was part of the 254 hectares owned by the Eletu family.
We immediately filed a motion for variation of the judgement of the Supreme Court pursuant to Order 8 Rule 16 of the Rules of Court. The said motion was heard and ruling delivered on 18/3/2014 granting statutory right of occupancy to the Appellants in respect to the entire 254 hectares sold to late Gbadamosi Bamidele Eletu by the Respondents.
A copy of the ruling is hereby attached as annexure 2.
ENFORCEMENT
Upon the delivery of the Judgement, our client surreptitiously employed the services of S.B Joseph & Co to enforce the judgement before we applied for variation of the judgement with the intention of not paying our professional fees.
The judgement was however varied on 18/3/2014 as earlier stated.
NEW SUIT BY ESTATES/PERSONS AFFECTED BY THE JUDGEMENT
Several residential estates were affected by the judgement of the Supreme Court among which were Pinnock Estate, Beach Resort, NICON Estate, Friends’ Colony Estate and Victory Park Estate etc. Dele Farotimi was lawyer to one of the Estates.
The affected estates and individuals immediately filed fresh suits against the Eletu family with the purpose of frustrating the judgement of the Supreme Court.
The Eletu family were lured by the affected estates to settle some of the suits behind our law firm despite being counsel on record by filing terms of settlement with the aim of denying us our professional fees. This was admitted by Dele Farotimi in page 73 of his book ‘NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM’.
INTERVENTION BY LAGOS STATE GOVERNMENT
The Lagos State Government issued a publication indicating their awareness of the Supreme Court judgement and the need for the State to intervene in order to maintain public peace and order. The Lagos State Government invited us for several meetings with respect to compromising the judgement of the Supreme Court.
The said judgement was eventually compromised and the Eletu family were compensated by the Lagos State Government so as to avoid a massive dislocation of persons and communities directly affected by the Judgement.
DEFAMATION BY DELE FAROTIMI
Sometime on 2/11/2024, one of our lawyers while travelling through Murtala Muhammed Airport bought a book by Dele Farotimi titled ‘NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM’ published by Dele Farotimi publishers. He read the said book and immediately brought it to my attention. Many of my lawyers also bought the said book and read same.
We received several calls from professional colleagues, friends and family members who watched a program on Channel’s TV wherein Dele Farotimi was interviewed with respect to the said book where he made several defamatory statements against myself, my law firm Afe Babalola & Co (Emmanuel Chambers), Olu Daramola SAN and Ola Faro Esq.
We also received several calls from persons who saw excerpts of the book and interview on several social media platforms.
The said defamatory statements are detailed below:
“That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgement in the service of his client” See page IX.
“That Aare Afe Babalola, Olu Daramola, Olu Faro and the law offices of Afe Babalola & Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got the Court to swim in the sewer of corruption and shameful self-Abnegation”. See page X.
“That Afe Babalola libeled me and the fact of the libel became known to me in a suit against Lawal Pedro SAN”. See page X.
“That I sued Afe Babalola SAN for libel and he leveraged his influence in the Judiciary to deny me justice”. See page X.
“That I have always been familiar with the fact of our perversion as a People and I have few illusions about equity and justice reigning in Nigeria but I had always assumed that there were lines that should never be crossed. I have however been slapped awake by the brazenness of the judicial brigandage unleashed on hapless citizens, corporate, and individuals by the Nigerian Supreme Court, acting under the direction of Aare Afe Babalola. At least five Justices of the Apex Court have been identified as guilty of odious corruption and or gross incompetence. Either is sufficient to have them removed from their office and this is my petition to the Nigerian people and most definitely to the NJC”. See pages 10 to 11.
“The first we knew of the magic been put together by Afe and his elves must have been around the middle of July”. See page 49
“While all this was going on, we had a meeting in the law office of Afe Babalola in Magodo, where Olu Daramola SAN made himself unavailable, and had us meet with Olu Faro, a younger counsel…..but Olu Faro Esq was remarkably insolent and assured that we were made aware of just how powerful the law office he worked for believed itself to be and how much above the law and the practice of law they believed themselves to be”. See page 52
“The judgement of the court was unanimous in giving judgement to the Eletu………..But Justice Rhodes-Vivour laid a foundation for the fraud that was to come. He spoke of an unextinguished equitable interest in 254 hectares”. See page 52 to 53.
“We quickly realized that the law office of Afe Babalola & Co, Emmanuel Chambers had outsourced the judgement execution to another law office, the firm of 5.B Joseph & Co the firm had fraudulently and deliberately concealed the judgement of AKA’AHS and had underlined the words of Justice Rhodes Vivour to deceive and perhaps mislead Atilade or as is more likely, Atilade was always a part of the original fraud”. See page 56.
“But even as Atilade J. played the contrition game, she was already part of the game plan being staged together by the grandmaster of judicial corruption in Nigeria, Afe Babalola. I have come to the conclusion that the required form of the application and her ruling were all part of the insidious plans of Afe Babalola, his band of crooked lawyers and coterie of crooked/incompetent justices of the Supreme Court”. See page 59.
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