Although the Federal High Court, Ado-Ekiti, Ekiti State, has granted bail to rights activist and legal practitioner, Dele Farotimi, a viral Facebook post by Festus Ogun, Esq. has sparked widespread discussion on Nigeria’s judicial fairness.
The post juxtaposes two striking images: human rights lawyer Barrister Dele Farotimi in handcuffs before his bail hearing for a defamation suit filed by Senior Advocate Afe Babalola and former Kogi State Governor Yahaya Bello walking confidently out of court, flanked by operatives of the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC).
Ogun’s caption, “Dele Farotimi in handcuffs. Yahaya Bello walking majestically. Tale of two justice system,” encapsulates what many perceive as the stark inequalities in the country’s legal system.
The hashtag #FreeDeleFarotimi quickly gained traction, with commentators expressing frustration over perceived disparities in treatment based on status and political influence.
Barrister Farotimi, a vocal advocate for human rights and systemic reform, was granted ₦50 million bail after his court appearance.
Conversely, Yahaya Bello, who has faced allegations of corruption and mismanagement of over ₦80 billion, appeared unrestrained and surrounded by security personnel, sparking criticism of perceived preferential treatment for high-profile figures.
The contrasting visuals have reignited calls for judicial reform in Nigeria.
Critics argue that the legal system disproportionately targets activists and ordinary citizens while often shielding the powerful from accountability.
The widely shared images have intensified public discourse on the need for an equitable justice system, underscoring growing tensions between citizens and institutions tasked with upholding the rule of law.
Farotimi was granted bail on Monday morning. The court granted him bail for ₦50m with a surety in the same amount. The surety must also provide a landed property as collateral.
The presidential candidate of the African Action Congress (AAC) in the 2023 election, Omoyele Sowore, disclosed the court’s decision via his X handle on Monday.
“The first hurdle was crossed. #DeleFarotimi was granted bail of N50 million surety in the like sum with someone with landed property. The case was adjourned to January 29, 2025,” he wrote.
The defence team was led by Festus Emiri (SAN).
Other bail conditions as granted by the court are that the surety must be resident in Ekiti and possess three years of tax clearance with a property within Ekiti.
The surety is to deposit the title deed of the property with the registrar of the court. S/he and the defendant must also submit four recent passport pictures to the court.
The defendant, Farotimi, is to also deposit his passport with the registrar of the court.
Last Friday, the police filed a fresh 12-count charge against Farotimi, aged 56, before the Federal High Court, Ado-Ekiti.
The charge was filed three days after his arraignment and remand on an initial 16-count charge of criminal defamation before a Chief Magistrate Court also in Ado-Ekiti. He had pleaded not guilty to that charge.
In Count 1 of the first charge, Farotimi is alleged to have on 28th August 2024 knowingly and intentionally transmitted communication in an online interview and restated information published in his book titled: “Nigeria and its Criminal Justice System” wherein he stated in the interview that: “Aare Afe Babalola corrupted the judiciary” which information he knew to be false information to cause a breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.
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