In a recent court decision of critical importance to the publishing industry in Nigeria, the court has granted a temporary injunction order prohibiting the publication and distribution of a book entitled “Nigeria and its Criminal Justice System”. The order follows an application for interim relief filed by an associate partner of the Afe Babalola Law Firm, renowned senior lawyer Kehinde Ogunwumiju.
In this case, Justice Peter Kekemeke granted the temporary injunction pending the hearing and determination of the court’s motion for an interlocutory injunction filed on 6th December 2024. The order prohibits the defendant, Mr. Farotimi, or his representatives from publishing, selling, circulating, promoting or distributing copies of the incriminated book, whether physically or digitally.
Furthermore, the judge temporarily ordered all agents, publishers, distributors, sellers, re-publishers, or any other person concerned, including Dele Farotimi Publishers, Amazon Online Bookstore, Rovingheights Bookstore, Booksellers Bookstore, Jazzhole Lagos Bookstore, Glendora Bookshop, Quintessence Lagos Bookstore and Patabah Books Limited, to cease all publication, sale, promotion, or distribution of copies of the book in question online, electronically, physically, or by any other means, including social media.
Furthermore, the court granted an interim injunction ordering the seizure of all physical copies of the defendant’s book, wherever located, including on the aforementioned platforms, by the Nigerian Police, the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC) and all other relevant security agencies.
This seizure order will remain in effect until the hearing and determination of the motion for an interlocutory injunction dated and filed on December 6, 2024. The court also ordered all relevant agencies named in the second injunction to file affidavits showing that they have complied with the court orders within 72 hours of receipt.
It is clear that Dele Farotimi faces an additional legal hurdle in Oyo State, where a High Court has granted an interim injunction restraining him from continuing to print his impugned book. This case demonstrates the importance of respecting intellectual property rights and the impact of court decisions on the publishing world in Nigeria.
As we await the next hearing scheduled for January 7, 2025, the publishing community remains on alert for these judicial developments that could redefine the standards and practices of the publishing industry in the countryThe Farotimi case highlights the legal issues that authors and publishers may face, underscoring the importance of respecting copyright and intellectual property laws to ensure a fair and equitable publishing environment for all stakeholders.