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Aare Afe Babalola
By OKECHUKWU OGBOO
Mr. Edward Everrette Hale was born in 1822 and died in 1909. He lived for 87 years. An American, Mr. Edward Hale was a renowned author and historian. He was a Unitarian minister – a clergy man who did not believe in the doctrine of the Trinity.
Mr. Hale was once approached for counseling by someone who felt slandered by a newspaper publication. He wanted Mr. Hale to advise him on what to do to the slanderer and about the defamation. To the man’s greatest surprise and consternation (perhaps), Mr. Hale told him: “Do Nothing.” Perhaps, observing how disappointed the man who expected a different answer felt, Mr. Hale went on to offer an explanation on why the man should let go and do nothing.
Said Mr. Edward Hale: “Half of the people who bought the paper never saw the article. Half of those who saw it did not read it. Half of those who read it did not understand it. Half of those who understood it did not believe it. Half of those who believed it are of no account anyway.”
Regarding Afe Babalola’s action against Dele Farotimi (in the raging case between them), the above is the classical and very instructive counsel, which Afe Babalola himself appeared to have ignored or did not come across at all in his over sixty-five years of counseling men.
Now, let me juxtapose Mr. Edward Hale’s counsel – “Do Nothing” – with Aare Afe Babalola and Mr. Dele Farotimi imbroglio. You won’t be wrong if you call it the Afegate scandal. I will henceforth in this article, with due respect, call the duo by their respective ‘pet’ names – Afe for Aare Afe Babalola and Dele for Mr. Dele Farotimi.
Dele is a cerebral lawyer, author and highly respected critic of the shenanigans going on in the Nigerian political, economic, social, and religious space. He is a public interest commentator and celebrated speaker who does not spare corrupt governments, government people, and the criminal politicians in Nigeria. Born in 1968, he is a member of the Citizen’s Rally Against Oppression. I understand he has practiced law for about 25 years. His objectivity, factual and intellectual speeches and writings have endeared him to well-meaning Nigerians. According to Wikipedia, Dele “has gained prominence for his writings, public speeches, and media appearances, critiquing Nigeria’s political structure and social challenges.”
Various regimes and the highly corrupt politicians and other corrupt elites in Nigeria do not just dislike Dele, they hate him to the marrow. They see Dele as an enemy that must be silenced for exposing their evils, which they want to be kept secret and away from the people. Unfortunately for them Dele remains brutally unflinching, garnishing and punching every of his statement (verbal and written) with brutal specificity – an enigma of great sort.
Afe is an older lawyer who has been in the legal profession for over sixty-five years. He has achieved fame, holding largely the legal briefs of the high and mighty in the political and business echelons. Born in 1929, Afe is the founder of one of the best private universities in Nigeria – Afe Babalola University Ado Ekiti. A philanthropist, Afe is a Senior Advocate of Nigeria (SAN) haven (distinguished?) himself in the legal profession. He belongs to the class of famous lawyers regarded as legal luminaries in Nigeria. It is arguable, however, if many still regard Afe as a legal luminary since his seemingly ill-advised extra judicial action on 3 December 2024, which triggered what I have decided to refer to as the Afegate scandal. Many of his hitherto seemingly unknown breaches and violations of the law and the judicial process, using his influence and connection to the corridors of power, are now being exposed by individuals and organizations. Sahara Reporters of 8 December 2024, for example, reported how a Wikileaks classified United States diplomatic cable exposed Afe in purchasing a Court of Appeal ruling in 2004.
Dele wrote a book titled NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM. In the book he critiqued the Nigerian judiciary, exposing the putrefaction in the judicial system where justice has now become money-for-hand, back-for-ground, and only accessible to the highest bidder – people of obscene wealth, power, and connection; and whose influence is of doubtful utility. Dele mentioned names of some corrupt judges and justices who have not lived up to their calling. He also exposed the activities of some prominent and senior lawyers he said have contributed, in very pernicious measures, in compromising and messing up the judicial system in Nigeria. Chief among the senior lawyers Dele’s book exposed for corrupting the judges and the judicial system in Nigeria is Afe.
Afe claimed that Dele defamed him in the book, bringing the reputation he claimed he has built over decades into public ridicule and opprobrium. But instead of seeking redress in the law courts, Afe decided to (mis)use his influence and connection in high places to deploy state oppressive apparatus to deal with Dele. He allegedly commanded the police to go and abduct Dele violently, and take him across state boundaries from Lagos to Ekiti, straight into police detention. This is the usual but despicable practice of most corrupt big men and criminal politicians in Nigeria. In brandishing their questionable wealth, power, and braggadocio, they have bought over public institutions and some public servants in Nigeria for their private use to oppress the rest of the citizens, and mess up the society. This is what Dele speaks and writes against all the times.
Quite contrary to the misunderstanding of many, it happens that Dele is not a small fly in the Nigerian space. Afe’s oppressive and illegal action sparked serious mass action and resistance. Well-meaning Nigerians including those who were hitherto afraid of Afe, rose in defence of Dele and in condemnation of Afe and his cohorts. There became serious brouhaha in the land, putting Afe in a kind of jeopardy he probably never experienced in his long and healthy life. The aftermath is quite interesting.
Dele’s book – NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM – was launched in July 2024. The average of my estimation and that of others put the copies of the book sold between July 2024 and 2 Dec 2024 at about five thousand. That is, in seven months the book probably sold only about 5,000 copies. But Afegate birthed an unintended consequence! In less than forty-eight hours from 3 December 2024, when Dele was abducted, allegedly on the orders of Afe, the book sold over 100,000 copies! Yes, you heard me right. That’s not the end of the story, it is, in fact, the beginning.
Amazon has rated NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM a Bestseller globally! As I am penning this piece, a couple of days on, the sale of the book is said to be hitting about a million copies globally, despite a “Star Chamber” (see Professor Chidi Odinkalu’s article – Premium Times Nigeria, 8 Dec 2024) court injunction secured by Afe, to ban the sale of the book and to remit all the millions of dollars so far garnered in Proceeds and Royalties to Afe and his Emmanuel Chambers. Is Afe working to debunk whatever Dele wrote in the book or is he looking for the money he didn’t work for? This question is begging for an answer or answers.
Dele is now a global figure whose books have become a must read. Yes, you read me right when I wrote books. Only a few knew before now that NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM is Dele’s third book. The sad reality, with due respect, is that many Nigerians are not known for serious readership of books, insightful articles and editorials in the newspapers except write-ups on frivolities and …, you know now. So, don’t be surprised that half of those who bought the book between July 2024 and 2 December 2024, have not opened it beyond the preface. Don’t be surprised that half of those who have read the book fully did not pay any significant attention to the name of Afe mentioned in it. Don’t be surprised that half of those who paid any attention to Afe’s name mentioned in the book did not believe what was written about Afe, probably because of who he is (or was) in the Nigerian society. So, can you see the wisdom in Mr. Hale’s “Do Nothing” counsel?
Before NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM, Dele had written DO NOT DIE IN THEIR WAR and IMPERATIVE OF THE NIGERIAN REVOLUTION. The hitherto less known and less talked about books have now become hot sales world over, with NIGERIA AND ITS CRIMINAL JUSTICE SYSTEM leading the pack. Globally, people are buying and reading them! Some are buying in dozens and gifting to family members, friends, co-workers, and acquaintances, to read. Websites of the publisher and the sellers of the books are said to be crashing as a result of overwhelming demand. The saying that if you want to hide something from Nigerians, put it in a book, appears not to stand the test of time and events in the circumstance.
“Do Nothing.” You remember? The law of unintended consequences postulates that “actions can have results that are not part of the actor’s purpose.” Going by this law, I must add that often than not, a person wrongly targeted for destruction usually comes out victorious at the end, and even becomes a superstar. Don’t you think this is what is playing out today in the case of Afe and Dele? If Afe and Dele were placed on a scale prior to 3 December 2024, many Nigerians would rate Afe a hundred meters above Dele. But today (and probably going forward), far more Nigerians and the international community will rate Dele a thousand meters above Afe.
“Do Nothing.” Given his high calibre and status in the legal profession – over 65 years in practice and reaching the zenith of his profession as a Senior Advocate of Nigeria (SAN) – this is the kind of counsel I think Afe himself would have manufactured or invented for people to abide by in this kind of situation. I do not think that fame and reputation genuinely built in over 65 years of legal practice and philanthropism can be destroyed or collapsed easily by a few paragraphs, even chapters, in a book. A genuinely built fame and reputation will probably take over 100 years and many more books to be tampered with, if at all!
But even if Afe decided to ignore this classical and very instructive counsel, or never came across it, he would have done the right thing, which he has every right to do, and even knows more about his right than we do – sue Dele and seek redress in the court, but not use the oppressive apparatus of the state to attempt to decimate him. Mind you, Afe is a private citizen like Dele and the rest of us. The wrong thing he chose to do, which many are saying is classic Afe, has now validated what Dele wrote in his book, turning the book into a Bestseller. Thousands of copies are now sold daily. Besides, the sale of Dele’s other two books, which preceded this Bestseller has resurrected. People world over are scrambling for anything and everything written by Dele!
“Do Nothing.” I must imbibe this counsel the rest of my life. And, in exceptional circumstances where I must do something, then I must do the right thing, at least, according to law, even if I want to jettison morality.
Our systems and sub-systems are not working because of the unbridled penchant for disrespect for the rule of law in our land by the so-called high and mighty. They see themselves as diametrically above the law. The distortion and compromising of our electoral system by Nigerian criminal politicians, for example, is the reason why we cannot recruit the right and qualified persons for various leadership and service positions in our polity. There are persons in our legislature today who did not even purchase the forms to contest for senatorial positions, but our “Star Chamber” (ibid. above) picked and handed victory over to them. One of them is even the Senate President of the Federal Republic of Nigeria! The other was his immediate predecessor on the throne. Yet, our systems, even the judicial system, cannot do anything about this manifest illegal and baneful infractions.
A serving senator of the Federal Republic of Nigeria is today serving a ten-year jail term with his wife and their family doctor in the United Kingdom, for offences in which the victor would have been the vanquished if adjudicated in the Nigerian judicial system. A former two-term governor served a five-year jail term in the same United Kingdom, for offences he was totally exonerated from by the judiciary in Nigeria. One can go on and on and on… But when you talk or write the truth, the very people who are abusing our systems will gaslight you and even accuse you of treason. Dele is not the only one who knows about the putrefaction in our polity and those messing up our society; he happens to be the one who wrote a book and fearlessly mentioned the names of the seemingly untouchables.
My thesis is this: The vain struggle and stupid permutations of the likes of Peter Obi, Atiku Abubakar, etc., to participate in, and expect to win, the 2027 elections, will come to zilch if we do not immediately and vehemently begin to gear and direct such efforts towards properly structuring and restructuring our systems and sub-systems, to make them extremely difficult if not impossible, to be compromised or messed up by whoever. The rule of law must be pivotal and sacrosanct in our land! This is what obtains in those countries we are quick to refer to as saner climes. First things must be done right first, and it is not a rocket science to do so!
•Okechukwu Ogboo, B.Sc., MBA, CIM, FCA, writes from Calgary, Canada.
Humphrey Oronsaye
22nd, Jan, 2025