AWikileaks classified United States diplomatic cable has exposed how Nigerian legal luminary, Chief Afe Babalola, and former president, Olusegun Obasanjo, way back in 2004 allegedly purchased a Court of Appeal ruling that ensured the then Adamawa State governor, Boni Haruna, remained in office.
According to the US diplomatic cable, an attorney for then Governor Haruna, who worked for Afe Babalola, confirmed that the favourable ruling by the Court of Appeal “was ensured in typical Nigerian fashion: with cash.”
“The attorney, who works for Presidential attorney Afe Babalola, said that when President Obasanjo sent Babalola to take over the appeal, he also sent cash to be used for the appeal.”
“The attorney claims that he went along for the delivery of 30 million naira (about $225,000) to each of the five judges on the tribunal but did not know if this was all the money disbursed. “This is the normal procedure when it is an important case,” he averred,” the Wikileaks document read.
Boni Yaruna, a staunch member of the Peoples Democratic Party (PDP), Obasanjo’s party at that time, was governor of Adamawa State from 1999 to 2007.
Afe Babalola has recently come under the radar in Nigeria over his use of the Nigerian police to arrest human rights lawyer, Dele Farotimi, from office in Lagos State – an action that has received national and global condemnation from various quarters and human rights groups.
The Bureau Newspaper reported last Tuesday that Farotimi was arrested and taken to Ekiti State for allegedly defaming Afe Babalola, a prominent legal figure, in his book “Nigeria and Its Criminal Justice System”.
On Wednesday, Farotimi was arraigned at a Magistrates court in Ado-Ekiti, where he pleaded “not guilty” to the 16 charges brought against him. The police have filed another set of charges just to keep Farotimi in detention.
The presiding magistrate, Abayomi Adeosun, had denied Farotimi bail and ordered that he be remanded in the correctional centre until December 10 for further hearing.
Meanwhile, Wikileaks documents which detailed the saga involving Babalola, Obasanjo and the Court of Appeal ruling in 2004, are typically classified US diplomatic cables sent to and from US embassies in countries throughout the world.
Wikileaks was to publish 251,287 cables, originating from 274 embassies and dating from December 28, 1966, to February 28, 2010, the organisation said on its website.
The documents on B. Abuja 539, classified by Russells J Hanks, acting Political counsellor in a summary aid, “On July 5, an appeals court sitting in Jos overturned the March 24 election tribunal decision that had nullified the election of Adamawa State Governor Boni Haruna. The verdicts of the appeals court and the election tribunal differed so significantly on their findings of the relevant facts that they beg the question of whether one verdict or the other may have been “influenced” by outside parties. End summary.
“2. (U) On July 5, an appeals court sitting in Jos overturned the March 24 election tribunal decision (reftels A and B) that had nullified the election of Adamawa State Governor Boni Haruna, PDP member and protege of VP Atiku Abubakar. The original election tribunal had found “beyond reasonable doubt” that electoral malpractices had taken place, and that the election was noncompliant with the Electoral Law.
“3 (U) The appeals court in Jos, however, found that the evidence used by the election tribunal was “absolutely inadequate even to prove the simplest of a criminal offence, very impotent to affect the appellants/cross respondents, ridiculous for convicting any of the appellants/cross respondents with commission of any electoral offence,” and that the evidence was scandalous and naive as a basis for nullifying the election.
“4. (C) According to an attorney for Haruna, the outcome was ensured in typical Nigerian fashion: with cash. The attorney, who works for Presidential attorney Afe Babalola, said that when President Obasanjo sent Babalola to take over the appeal, he also sent cash to be used for the appeal. The attorney claims that he went along for the delivery of 30 million naira (about $225,000) to each of the five judges on the tribunal but did not know if this was all the money disbursed. “This is the normal procedure when it is an important case,” he averred.
“5. (U) Note. The appeals court decision is final and cannot be appealed to Nigeria’s Supreme Court. End Note.
“6. (SBU) Comment. While the Embassy has been unable to examine the Appeal Court ruling in its entirety, the verdicts of the appeals court and the election tribunal differed so significantly on their findings of the relevant facts that it begs the question of whether one verdict or the other may have been “influenced” by outside parties.
“Both courts were composed of senior members of the judiciary, both operating under the same laws, principles, and guidelines. It would be normal for an appeals court to have a slightly different interpretation than a lower court, but the radically divergent views of the Jos court from the Yola tribunal leave little doubt that something other than the law was factored in to the final decision.”
Commenting on the Wikileaks documents, human rights activist and Convener of #RevolutionNow movement, Omoyele Sowore, said “Babalola’s chickens are coming home to roost.”
“Chief Afe Babalola’s chickens are coming home to roost! Facts are now emerging that, in fact, the reputation they are using the Nigeria Police Force to protect by kidnapping Dele Farotimi doesn’t exist at all.
“Here is a Wikileaks US government cable detailing how Chief Afe and former President Obasanjo bought a Court of Appeal judgment with cash in Plateau state.
#FreeDeleFarotimiNow,” Sowore wrote on Sunday.
The Bureau Newspaper had reported that Farotimi, currently in remand, filed an application for his bail at the Ado Ekiti Magisterial District of Magistrate Court of Nigeria.
The Motion for Bail filed in Charge No: MAD/1476/2024, Motion No: MAD/ 160cm/244 before the court is between Commissioner of Police as Complainant/ Respondent And Dele Farotimi as Defendant/Applicant.
It was brought “pursuant to section 36(5) of the Constitution of the Federal Republic of Nigeria 1999, Article 6 of the African Charter on Human and Peoples’ Rights and Sections 158 of the Administration of Criminal Justice ACT 2015 and under the inherent jurisdiction of the Honourable Court.”
In the bail application filed on Thursday, Dec 5. by 11 lawyers led by Prof. O.F Emiri, SAN, his Counsels sought among others for “an order admitting the Applicant to bail pending the determination of his trial before this Honourable Court.
“Any other orders this Honourable court may deem fit to make in the circumstance.”
The lawyers gave four grounds for the application, as “1. the Defendant/Applicant is presumed innocent until proven guilty as guaranteed under Section 36(5) of the Constitution of the Federal Republic of Nigeria (1999) and Article 6 of the African Charter on Human and People’s Rights.
“2. The offences alleged are bailable under the Criminal Code Act.
“3. The Defendant/Applicant has a fixed address, is a lawyer with 25 years of experience and is a prominent member of the society, posing no flight risk.
“4. The Defendant/Applicant undertakes to be available for trial and comply with all conditions set by this Honourable Court.”
Other lawyers in the team are: Adejare Kembi, Esq.; Bayo Ayo, Esq.; Ralph Nwoke, Esq.; Temidayo P. Akeredolu, Esq.; Mayowa Omojola, Esq.; O. T. Adeogun, Esq.; Emmanuel O. Adeyemi, Esq.; Olaide Awwal-Bolanta, Esq.; Benjamen Akomolafe, Esq. Applicant Counsel Clearwater Partners (Temidayo Akeredolu & Co).
