The Federal High Court, Ado Ekiti Division, on Wednesday dismissed the cybercrime charges brought against activist lawyer, Mr. Dele Farotimi, by the Inspector General of Police, Kayode Egbetokun. Justice Babs Kuewumi struck out the case after the police counsel filed a notice of discontinuation.
Farotimi’s lawyer, Adeyinka Olumide-Fusika (SAN), expressed disappointment at the decision, calling it a missed chance for the court to address the police’s misuse of the Cybercrime Act.
The Inspector General of Police had, on December 9, 2024, filed 12 charges of cybercrime against Farotimi, related to an interview he gave about his book, ‘Nigeria and its Criminal Justice System.’
The charges stemmed from a petition by Aare Afe Babalola (SAN), founder of Afe Babalola University in Ado Ekiti, who accused Farotimi of defamation in his book. The case was initially set for hearing on January 29, 2025.
However, when the case was called on Wednesday, Samson Osobu, counsel for the police, informed the court that a notice of discontinuance had been filed. He stated that the application was in line with Section 108(1)(2)(a) of the Administration of Criminal Justice Act 2015, and that the police sought the court’s permission to withdraw the charges.
Osobu explained that the grounds for the withdrawal included Afe Babalola’s desire to discontinue the case, as well as interventions from concerned Nigerians.
Olumide-Fusika, Farotimi’s lawyer, stated that they had no objection to the discontinuance, but emphasized that the case’s withdrawal was a lost opportunity to challenge the police’s misuse of legal provisions.
He remarked, “This is a missed chance for us to use the judiciary to correct the Nigerian Police’s handling of laws in ways they were never intended.”
He further criticized the abuse of the Cybercrime Act, noting that its original purpose was to address specific issues, not to settle personal scores.
“When laws are made, they are meant to serve the public good,” he added. “However, people often find ways to misuse them, which is what has been happening in this country.”
Olumide-Fusika also pointed out that after the National Assembly recognized the misuse of the Cybercrime Act, it amended some provisions to prevent such abuses.
The case came to a conclusion after traditional rulers, including the Ooni of Ife, Oba Adeyeye Ogunwusi, intervened, prompting Afe Babalola to announce on Monday that he would instruct his lawyers to withdraw the defamation charges against Farotimi.
