Court orders global seizure of Farotimi’s book on Afe Babalola

The Federal Capital Territory (FCT) High Court in Abuja has ordered the global seizure of physical copies of book written by an activist and a lawyer Dele Farotimi’s book, alleged to contain defamatory content about Afe Babalola, a Senior Advocate of Nigeria (SAN)

Penpushing reports that the judge, Justice Peter Kekemeke, gave the order on Wednesday, following an application by Kehinde Ogunwumiju, a Senior Advocate of Nigeria and managing partner at Afe Babalola and Co.

The judge equally directed the police and other security agencies to seize copies of the book wherever they may be found, which is titled, ‘Nigeria and its Criminal Justice System’, which has attracted a substantive suit filed by Ogunwumiju.

Penpushing further reports that the judge, issued an ex parte order – granted without a hearing from the respondent, Farotimi, stopping the distribution and advertisement of the book, following Ogunwumiju’s request.

The judge issued an order of interim injunction directing the Nigerian Police Force, State Security Service, Nigeria Security and Civil Defence Corps (NSDC) and all other security agencies to seize all physical copies of the book wherever they may be found “worldwide” pending the hearing and determination of the motion on notice for interlocutory.

Penpushing also reports he also temporarily restrained the defendant, Farotimi, publishers, his agents, Amazon Online Bookstore, and other bookstores, from further publishing, selling, circulating, advertising, or distributing the physical/ hard/ digital/ soft copies of the book online, electronically, physically or by any other means including social media.

Penpushing further reports that the substantive suit which yet to be heard, is seeking N500 million in damages from Farotimi for allegedly defaming the renowned Nigeria law giant, the law firm, and its other lawyers in the book.

The book, an unfiltered, freewheeling critical account of Farotimi about the Nigerian judiciary, is at the centre of Ogunwumiju’s N500 million civil libel case, as well as two criminal cases alleging defamation against Babalola, his law firm, and its associates.

Penpushing also reports that Babalola, the founder of Afe Babalola University Ado Ekiti (ABUAD), filed the petition prompting the police last week to charge Farotimi with criminal defamation at a chief magistrate’s court and cybercrime violations at the Federal High Court, both located in Ado Ekiti.

The others specifically mentioned in the two orders and barred from further publishing, circulating, advertising or distributing copies of the book are Dele Farotimi publishers, RovingHeights Bookstore, Booksellers Bookstore, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore and Patabah Books Limited.

Penpushing reports that following the court order law firm of Afe Babalola has issued warnings via email to bookstores, instructing them to cease selling the book with threats that non-compliance with the court order could result in imprisonment, financial penalties, and restrictions on their websites

“As the book is being sold online via your website and social media handles, the contempt proceedings on behalf of our client will include orders of the Court directing the Nigerian Communication Commission (NCC) to restrict access to your website and social media handles’, the law firm wrote.

“Furthermore, be informed that your individual directors/management staff risk sanctions (including but not limited to financial and custodial), as far as the law permits, should they fail to comply with the said orders of the Court promptly,” the email added.

Penpushing further reports that the law firm equally demanded the bookstores to write to it to confirm their compliance with the order within 48 hours of the receipt of this email, warning that failure will amount to disobedience of court order.

Meanwhile, following the order, management of RovingHeights Bookstore informed on Thursday that they had immediately complied with the court directive by immediately stopping the sale of the book.

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