The Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned the recent court order directing the seizure of Dele Farotimi’s book, ‘Nigeria and its Criminal Justice System’ describing it as a glaring example of anti-intellectualism and a setback for democratic ideals. HURIWA also decried the warning issued to bookstores by Afe Babalola’s law firm, stating that such actions are unconstitutional and amount to an infringement on the fundamental rights of individuals and businesses.

The court order, which mandates the confiscation of Farotimi’s work, has been criticized by HURIWA as a disturbing echo of medieval practices that suppress intellectual freedom. “This order is anachronistic and reminiscent of the actions of the Crusaders nearly a thousand years ago, who burned books they deemed contrary to their interests. Such a move has no place in a modern democratic society that prides itself on freedom of expression and intellectual debate,” HURIWA stated.

HURIWA particularly faulted the warning issued to bookstores, asserting that it is unconstitutional to hinder legitimate trading in books, especially when those bookstores were neither parties to the legal suit nor given a fair hearing in line with Section 36(5) of the Nigerian Constitution. The organization emphasized that the principle of fair hearing is a cornerstone of justice, and any action that undermines it is not only unconstitutional but also morally indefensible.

“The blanket warning to bookshops not to stock or sell the book without their involvement in the suit is a gross violation of their rights. This action effectively punishes entities that have not been accused or convicted of any wrongdoing, setting a dangerous precedent for freedom of commerce and expression,” HURIWA noted.

Rather than resorting to judicial actions that stifle free thought, HURIWA challenged the lawyer who sought the court order to adopt a more constructive approach by writing a counter-book to refute the alleged defamatory claims made by Farotimi. “The most effective response to ideas, whether agreeable or not, is to present superior arguments and evidence. Intellectual battles should be fought with reason, not repression,” HURIWA argued.

The organization further highlighted the risks of the court order, pointing out that such actions inadvertently encourage piracy and underground trading of the book, which could have dire consequences for intellectual property rights and the publishing industry. “When legitimate avenues for accessing a book are blocked, it creates a fertile ground for black-market operations. This undermines the very fabric of intellectualism and erodes respect for the rule of law,” HURIWA warned.

Encouraging healthy debate, HURIWA reiterated the importance of allowing controversial works to spark debate and dialogue, stating that it is through such processes that societies evolve and grow. Suppressing dissenting opinions, the organization argued, only creates a utopian illusion where critical issues are swept under the carpet rather than addressed.

“Books, irrespective of their content, serve as mirrors of society. They reflect our strengths, weaknesses, and aspirations. Attempting to erase such reflections is not only futile but also detrimental to our collective progress as a nation,” HURIWA emphasized.

The human rights group called on the judiciary to exercise caution when issuing orders that have far-reaching implications on fundamental freedoms. It also urged the Nigerian Bar Association and other stakeholders to advocate for a system that prioritizes intellectual engagement over censorship.

HURIWA’s statement concluded with a reminder that the suppression of ideas has historically led to societal stagnation and conflict. “From the Crusades to authoritarian regimes of the 20th century, history is replete with examples of how the suppression of books and ideas only fuels resentment and undermines progress. Let us not repeat the mistakes of the past. Nigeria must embrace the path of intellectual freedom and robust debate to build a society where justice and knowledge thrive,” the group asserted.

As the controversy over the court order and the warnings to bookstores continues to unfold, HURIWA’s stance underscores the critical need to protect intellectual freedom and constitutional rights in Nigeria. By fostering an environment where diverse perspectives can flourish, the nation can overcome its challenges and pave the way for a more informed and democratic society.