Open lettert to Afe Babalola Centre, King’s College, University of London

In defence of Chief Afe Babalola

By Dr. Tonye Clinton Jaja,

By way of introduction my name is Dr. Tonye Clinton, I am a lawyer, I was awarded a PhD in law degree by the University of London.

Professor Tunde Ogowewo whom I have copied in this email served as one of my external PhD supervisors at the Institute of Advanced Legal Studies, University of London.

As an alumnus of the prestigious University of London, I am an interested person in anything that affects the reputation of the institution.

As a prelude, the opinion expressed in this email are entirely mine and not those of my employer or anyone else. I take full responsibility for any errors contained herein.

I am writing to advise the Afe Babalola Centre at the King’s College, University of London not to quickly, or make a hasty decision to disassociate itself from Aare Afe Babalola SAN because of the current online assault on his reputation by allegations against him by certain individuals and groups in Nigeria.

This plea is based on the fact that, as humans we have a tendency to succumb to the underdog phenomenon, also known as the underdog effect. It is the tendency for people to support those who are at a competitive disadvantage, in this instance Afe Babalola, SAN is because of his wealth and prestige within the legal profession is regarded as the “Goliath”, while Dele Farotimi is regarded as the “underdog”.

Let me begin by saying that I am currently in the Kingdom of Lesotho as a legal consultant for the European Union (EU) to provide legislative drafting training for the lawyers and staff of the Lesotho Law Reform Commission, an agency under its Ministry of Justice.

I have traveled widely within Africa as a legal consultant to provide training, and I am yet to witness the magnitude of impunity and disregard for rules of professional journalism and book writing that happens in Nigeria.

The simple courtesy of providing the other party the right to respond to allegations against them before publication is not provided by journalists of authors.

There is a popular legal maxim, “he who comes to equity, must come with clean hands”.

It is on record that this same lawyer had previously filed a lawsuit of libel against Aare Afe Babalola SAN and instead of following the legal process in courts of law to ventilate his grievances against Aare Afe Babalola SAN, he resorted to writing allegations inside a book.

Also, the lawyer who wrote the book that contains false allegations against Afe Babalola, SAN did not apply the simple courtesy of providing an opportunity for Afe Babalola, SAN to respond to allegations against him before publication of the said book.

“JUSTICE IS NOT A ONE WAY TRAFFIC BUT A THREE WAY TRAFFIC”

The Supreme Court of Nigeria, in the case of Josiah v. State [1985]1 NWLR (Pt. 1) 125 Justice Oputa recalled (p. 96 OFH) that:

“………..justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for the appellant accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, ‘whose blood is crying out to heaven for vengeance’ and finally justice for society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of.”

Based on the foregoing judicial pronouncement of the late Hon. Justice Oputa, JSC, let us not forget that Aare Afe Babalola, SAN is also entitled to justice, for the alleged ruination of his hard earned reputation.

As much as Dele Farotimi is also entitled to justice.

Even if he wins the lawsuit, the damage done to the reputation of Aare Afe Babalola, SAN may be irreversible because already the King’s College, University of London wherein he donated £10m to has been written to be an online newspaper named PEOPLE’S GAZETTE.

There has to be a balance.

Could Dele Farotimi not have made an effort to contact Aare Afe Babalola, SAN to give him an opportunity to refute the allegations, before he (Dele Farotimi) published the allegations inside his book?

There is an African parable: “he who had been previously bitten by a snake, cannot allow even an earthworm to pass behind him”.

Anyone who has been the victim of online character assassination and defamation, knows that the damage is usually irreversible or irredeemable.

Another angle to consider is that within the relevant laws of Nigeria, the crime of libel can be prosecuted as either a criminal and civil proceedings. So if the victim decides to pursue the option of criminal proceedings, that is his choice. On this note, I rest my case.