The Federal High Court in Ado Ekiti on Wednesday struck out the suit filed by the Inspector General of Police, Kayode Egbetokun against Dele Farotimi.
According to The Punch, the case was about cybercrime and was struck out after the police counsel filed a notice of discontinuance.
Justice Babs Kuewumi delivered the ruling after the police decided to withdraw the charges.
Farotimi’s lawyer, Adeyinka Olumide-Fusika (SAN) saw it as a missed opportunity for the judiciary to address the abuse of the Cybercrime Act by law enforcement agencies.
The suit was filed on December 9, 2024 when the Inspector General of Police filed a 12 count charge against Farotimi.
The case was based on statements he made during an interview about his book, Nigeria and Its Criminal Justice System.
The police acted on a petition filed by Aare Afe Babalola (SAN) founder of Afe Babalola University who claimed that Farotimi defamed him in the book.
The court had earlier scheduled the matter for January 29, 2025. But when proceedings resumed on Wednesday, the prosecution counsel, Samson Osobu told the court that a notice of discontinuance was filed that morning.
He cited Section 108(1)(2)(a) of the Administration of Criminal Justice Act 2015 as the basis for the withdrawal.
Osobu said the discontinuance was due to Aare Afe Babalola’s personal desire to discontinue the case and the intervention of some respected Nigerians. There was no opposition from the defence and Justice Kuewumi struck out the case.
Outside the court, Olumide-Fusika told journalists that the case was an opportunity to interpret the Cybercrime Act.
He said Nigerian law enforcement agencies often misuse legal provisions and that laws should serve justice not personal interests.
He said the Cybercrime Act was meant to maintain order in the digital space. But he noted that some individuals and institutions had misused the law beyond its scope.
He said the National Assembly had even reviewed the Act and amended some sections to prevent further abuse.
The case was earlier reported to have been settled by traditional rulers led by the Ooni of Ife, Oba Adeyeye Ogunwusi.
On Monday, Aare Afe Babalola announced that he would instruct his lawyers to withdraw the suit against Farotimi and that was what happened in court.