Nigeria needs more Dele Farotimis

Last week’s arrest of good-governance activist and lawyer, Mr Dele Farotimi, in Lagos by police from Ekiti State got many Nigerians angry for many reasons. Farotimi was arrested based on the petition by Chief Afe Babalola, SAN, that Farotimi defamed him in his book, Nigeria and its Criminal Justice System. The uproar was not because Farotimi was asked to account for his allegation about Babalola. Most people agree that people have a right not to be defamed and that those who feel their rights have been breached have a right to sue. But the primary source of worry was the resort to the usual “big man syndrome” in Nigeria, where rich and influential people can get the police to arrest and detain people ad infinitum, even over civil or bailable offences. That actually gives credence to the title of Farotimi’s book, because justice typically starts with a report to the police.

This scenario played out recently when Afrobeats musician Burna Boy got another musician, Speed Darlington, arrested and detained in October. It took Darlington’s mother doing a video, crying and kneeling to beg Burna Boy to release her son because he was an only son, for Burna Boy to get him released. Similarly, in September last year, the President and CEO of Erisco Foods Limited, Chief Eric Umeofia, got Mrs Chioma Okoli arrested because of a social media post she made about one of the products she used. Again, in April last year, the Lagos State Government got a community leader, Chief Frederick Nwajagu, Eze Ndigbo of Ajao Estate, Lagos, arrested for saying that based on the threats Igbo people were receiving in Lagos State regarding the elections, they might invite the Indigenous Peoples of Biafra to come and protect them. Till today (a year and eight months), Nwajagu is still in detention, even though his comment did not cause any violence, but the same Lagos State cleverly turned a blind eye to clear threats made by MC Oluomo (Musiliu Akinsanya) and others, which resulted in violence and deaths in Lagos during the 2023 elections.

Also, this year, the police got crossdresser Bobrisky (Idris Okuneye) arrested, charged and jailed for spraying naira notes at a party but did not show the same passion in the case of a nightclub owner, Cubana Chief Priest (Pascal Okechukwu), on a similar case of spraying naira notes at an event. Many other people, including government officials, have been spraying naira notes before and after Bobrisky was jailed without any repercussion. It made many conclude that Bobrisky was not arrested and jailed for spraying naira notes but because of his cross-dressing and links to the queer community. What Nigeria has proved over and over again is that Lady Justice is not blind. Nigeria does not even pretend about it. Lady Justice has her eyes wide open and can choose who to punish and who not to spare. This choice is dependent upon things like the financial muscle of those involved in the case, social status, ethnicity, religion, political leaning, age, gender, anti-corruption/human rights stand, nuisance value, etc.

The Nigerian system seeks out those who are vocal against injustice and corruption or who have a seemingly clean record and finds something to pin on them to jail them and silence them. Because of the perverted justice system Nigeria operates, the commonest expressions people use during a disagreement are: “Do you know who I am?” or “I will teach you a lesson.” These are expressions you will never hear in any country with a sane justice system. A relative of mine in the United States said he once told a woman, “I will deal with you”, during a quarrel. While the woman was about to call the police, he ran towards her, pleading that he didn’t mean it, that it was just a common saying Nigerians use during disagreements. The lady eventually calmed down and forgave him based on some extenuating circumstances. If not for that, the police would have arrived within a few minutes, arrested him and charged him with a threat to life. If he was not sentenced, he would have a police record that if anything should happen to that woman, he would be held liable. Imagine someone else stabbing the woman or even killing her.

Similarly, as a political leader, military officer, police officer, judicial officer, celebrity, business leader, etc., in such countries, you dare not peddle or flaunt your position while having any misunderstanding with anybody. Nobody cares who you are. Nobody wants to know. In fact, you are disadvantaged the moment you are a public figure and get into a misunderstanding with someone of lower social status. If you use your position to threaten, harass or discriminate against another, you will face disciplinary measures, which may include a sack. That is how developed countries that have the same democracy Nigeria flaunts react to issues like this. They have fought for decades to enthrone equality. It does not mean that there won’t be people who still oppress others based on their positions, but the country ensures that the moment such a case is made public, there is swift action to prosecute whoever the offender is, to reiterate that all human beings are equal before the law.

That is the type of society people like Farotimi have been fighting to enthrone in Nigeria. Irrepressible human rights lawyer, Chief Gani Fawehinmi, SAN, was the arrowhead of this movement all through the 1980s, ‘90s, and the first decade of the 21st century. By the time he died in 2009, that dream had not been realised. In reality, there was no sign that it was about to be achieved. The only key recorded achievement (if it can be called an achievement) is that in the last 25 years, the military has not seized power, unlike in the past when no civilian tenure had lasted for up to six years. But the civilian beneficiaries of these 25 years of uninterrupted democracy have not shown any sign that they want to establish good governance, respect for human rights, respect for the rule of law, financial transparency, rectitude, service instead of rulership, etc.

For many years now, Farotimi has been disgusted with the type of governance taking place in Nigeria and the seeming inaction of the followers, who are the victims of this misgovernance. For example, in a Facebook post on December 7, 2019, Farotimi said: “Nothing is as frustrating as being a lawyer in a lawless society.”

On November 28, 2018, he posted: “Our parents looked, mostly unseeing; Fela looked and laughed in pain; my generation looks and is more, at best, lamenting impotently, even as our children’s very future is imperiledrilled, and our lifetime rendered intolerable… (he added the Nigerian flag).” On that same day, he had earlier posted: “Somebody has to keep the watch, even in a nation of somnambulists, and history must be recorded, even in the land of the amnesiacs. Aluta Continua … (He added the Nigerian flag and a crying emoji with tongue out).” Farotimi can live abroad, but he prefers to be in Nigeria. Despite his regular biting criticism of Nigerian leaders on TV programs and social media posts, he still took the risk to return to Nigeria, knowing how vindictive the ruling class can be. But anyone following his interventions on Nigerian issues knows he no longer fears for his safety. He has devoted his life to a new Nigeria and does not care what he suffers in pursuing that.

What Babalola did was to make Farotimi more popular and unconsciously crown him the leader of the movement for a new Nigeria. His arrest has also made the book in question very popular, with many people buying and reading it. Babalola has the right to seek redress regarding his name. But whatever the court decides, Farotimi has been presented with an opportunity to prove his mettle as a fighter for good governance. Judged by his antecedents, it is obvious that he is ready for that.

By Azuka Onwuka, 10th December, 2024

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