December 10, 2024
By Samuel Ogunsona
The Magistrate Court in Ado-Ekiti, Ekiti State, has reserved its ruling and adjourned the bail application of human rights lawyer, Dele Farotimi, to Friday, December 20, 2024.
This development means that Farotimi will remain in custody for another 10 days, prolonging his wait for justice and freedom.
Earlier, Farotimi pleaded not guilty to 14 charges leveled against him at the Ekiti State Magistrate Court.
The charges, which were initially 16, were amended and reduced to 14 by the prosecution before being served to the defendant.
Farotimi’s lawyer, Adeyinka Olumide-Fusika (SAN), submitted a preliminary objection, urging the Ado Ekiti Magistrate Court to dismiss the defamation suit filed against Farotimi by Afe Babalola (SAN).
The preliminary objection, filed on Monday, December 9, 2024, ahead of Tuesday’s hearing of the defamation charge, was submitted through Olumide-Fusika, who leads a team of 19 other lawyers.
The objection is based on Section 36(8) of the 1999 Constitution of the Federal Republic of Nigeria, Section 4(1) of the Criminal Law of Ekiti State, Sections 77(10)(a), 147, and 370 of the Ekiti State Administration of Criminal Justice Law, 2014, and Sections 25 and 42 of the Magistrates Courts Law (No. 5, 2014) of Ekiti State.
Farotimi’s objection outlines five key grounds, arguing that the charge against him is legally invalid, non-existent, and that the magistrate acted beyond their jurisdiction by considering an incompetent charge.
“The 16-count charge before the magistrate court pertains to alleged offences under the ‘Criminal Code Act.’ The Criminal Code Act is applicable in Ekiti State through adoption and/or domestication as the Criminal Code Law, Cap. C16, Laws of Ekiti, 2012.
The Criminal Code Law, Cap. C16, Laws of Ekiti, 2012 has been expressly repealed and replaced by Section 429(a) of the Criminal Law of Ekiti State, 2021,” the objection states.
“The alleged defamation of Aare Afe Babalola, SAN, and two of his partners, Olu Daramola, SAN, Olu Faro, as well as the law firm Afe Babalola & Co., as detailed in the charges, is not recognised under the Criminal Law of Ekiti State, 2021, and is, therefore, non-existent,” it adds.
“Based on these points, the Honourable Magistrate acted without jurisdiction by allowing the charge to proceed, ordering the arraignment of the defendant, and subsequently ordering his detention in prison,” the objection concludes.
Farotimi’s defence team includes Yinka Olumide-Fusika (SAN) who leads the defence team, three other senior advocates who are Festus Emiri, Bamidele Ibironke, Segun Ololade, along with 16 other legal practitioners.
