The High Court of the Federal Capital Territory, Abuja, has granted an order of interim injunction restraining Lagos-based legal practitioner, Dele Farotimi, whether acting by himself or his representatives, from further publishing, selling, circulating, advertising, or distributing the physical/hard/digital or soft copies of the book: “Nigeria and Its Criminal Justice System.”
Justice Peter Kekemeke granted the order after listening to the ex parte application filed by the claimant, the managing partner at Afe Babalola’s law firm, Senior Advocate of Nigeria, Kehinde Ogunwumiju.
The judge also temporarily restrained the agents, publishers, distributors, sellers, re-publishers, re-sellers, or any other person howsoever described, including Dele Farotimi Publishers, Amazon Online Bookstore, Rovingheights Bookstore, Booksellers Bookstore, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore and Patabah Books Limited 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.
The court’s order was granted pending the hearing and determination of the motion on notice for interlocutory injunction dated and filed on the 6th day of December 2024.
The court also granted an order of interim injunction directing the seizure of all physical copies of the book authored by the Defendant titled: “Nigeria and Its Criminal Justice System”, wherever they may be found, including at Dele Farotimi Publishers, Rovingheights Bookstore, Booksellers Bookstore, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore and Patabah Books Limited worldwide by the
Nigerian Police Force, State Security Service, Nigeria Security and Civil Defence Corp and all other security agencies pending the hearing and determination of the motion on notice for interlocutory injunction dated and filed on the 6th day of December 2024.
The court further ordered that the relevant security agencies mentioned in the second relief should file an affidavit demonstrating that they have complied with the orders of the Court within 72 hours of their receipt of the order of Court.
The motion on notice for interlocutory injunction was then adjourned till January 7, 2025.
In a similar development, an Oyo State High Court also granted an interim order restraining Farotimi or any person acting through him from further printing the book.
Justice Mufutau Adegbola granted the interim order at the instance of a senior partner in the law firm of Afe Babalola, Senior Advocate of Nigeria, Adebayo Adenipekun, who approached the court via an ex parte application dated December 9, on behalf of the firm.
After listening to Chukwudi Maduka, who appeared for the senior advocate, Justice Adegbola granted the order in the interim and directed the other side be put on notice.
Justice Adegbola while giving his ruling held that “upon reading the motion exparte dated 9/12/24 and filing same date with an affidavit deposed to at the High Court Registry Ibadan by Adebayo Adenipekun SAN, Male, Christian, Legal Practitioner and Nigerian citizen of No. 80 Fajuyi Road, Ekotedo, Ibadan
“I have read the motion paper, the supporting affidavit, and the written address filed by the claimant/applicant. Having regards to the contents of the foregoing processes, I am of the view that the application has merits.
“And having heard Chukwudi Maduka Esq. for the claimant/applicant, the application of the applicant, the court then ordered as follows:- Leg 1 of the relief claimed is granted. I grant an order of interim injunction restraining the defendants/Respondents. Whether acting personally or through their re-publishers, staff, employees, servants, privies, representative, agents, distributors, sellers, re-sellers, or any other person howsoever described including Amazon Online Bookstore, Roving heights, Bookstore, Booksellers, Bookstore sellers, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore and Patabah Books Limited from further printing, publishing, selling, circulating, advertising, or distributing the physical/hard/digital/soft copies of the book authored by the 1st defendant/respondent titled: “Nigeria and its Criminal Justice system” online electronically, physically or by any other means including social media pending the hearing and determination of the motion on notice for interlocutory injunction.
“Legs 2 and 3 of the reliefs on the motion paper are hereby kept in abeyance until the hearing and determination of the Motion on Notice for interlocutory injunction pending before the court. The Motion on Notice for interlocutory injunction is fixed for 7/1/2025 for hearing. The foregoing order together with hearing notice shall be served on the defendants,” Justice Adegbola ruled.
Adenipekun (SAN) had asked the court for an order banning further printing, publishing and circulating the book titled “Nigeria and its Criminal Justice System“.
He also asked for an order directing that the book should not be published, circulated, or disseminated on print, electronic, and social media.
He further asked for an order directing the police and other representative security agencies to seize and withdraw the offending books from bookshops and wherever the books are sold henceforth.
