CITIZENS COMPASS – Despite public outcry, a Lagos-based human rights lawyer, Dele Farotimi, will remain in prison custody till Friday, December 20, 2024 as a Magistrate Court sitting in Ado-Ekiti, Ekiti State, on Tuesday, reserved its ruling and adjourned the bail application.
He pleaded not guilty to 14 charges levelled against him at the Magistrate Court.
The charges, which were initially 16, were amended and reduced to 14 before being served to the defendant.
He is standing before the Court in the ongoing trial on the defamation suit filed against him by legal luminary, Afe Babalola (SAN).
The Nigerian Correctional Service (NCS) brought the lawyer on Tuesday morning without handcuffs, after facing backlashes on Monday at the Federal High Court.
Recall that Farotimi submitted a preliminary objection, urging the Court to dismiss the defamation suit filed against him by Afe Babalola (SAN).
The preliminary objection, filed on Monday dated December 9, 2024, ahead of Tuesday’s hearing of the defamation charge was submitted through his lead counsel, Adeyinka Olumide-Fusika (SAN), 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 five grounds of the objection are as follows: “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 C16, Laws of Ekiti, 2012 has been expressly repealed and replaced by Section 429(a) of the Criminal Law of Ekiti State, 2021.
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.
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.
Afe Babalola Chambers has stated reasons for the suit.
Recall that last week, Farotimi was arrested in Lagos by operatives of the Ekiti State Police Command.
It will be recalled that on Monday, Farotimi was brought to the court in handcuffs and this has attracted backlashes from the public.
