The Magistrate Court in Ado-Ekiti has adjourned the ruling on human rights lawyer Dele Farotimi’s bail application to December 20, 2024, extending his stay at the Ado-Ekiti Correctional Centre for another 10 days.
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Farotimi, who arrived at the court on Tuesday morning at approximately 9:55 am, was brought from the correctional center where he had been remanded following his arraignment last week, dressed in a black T-shirt and blue jeans.
Farotimi is facing criminal defamation charges brought against him by Chief Afe Babalola, SAN, over allegations made in his book, “Nigeria and Its Criminal Justice System.” The charges, originally 16 counts, were amended to 14 by the prosecution, all of which Farotimi pleaded not guilty to during the proceedings. The trial stems from accusations made in Farotimi’s 104-page book, in which he alleged that Babalola had corrupted judges of the Supreme Court. Babalola considered aspects of the book defamatory and instituted legal action against Farotimi.
During the proceedings, a legal debate emerged when the prosecution objected to the appearance of Learned Silk Olumide Fasuka, SAN, in Magistrate Court on behalf of the defendant, arguing that ‘a SAN should not appear in a lower court.’ The prosecutor cited a recent Court of Appeal judgment in Ibadan, Oyo, delivered on July 16, 2024, which ruled that SANs could not appear before the magistrate court.
In response, Adeyinka Olumide-Fasuka argued that the Ekiti state magistrate court law enacted by the House of Assembly allowed lawyers, regardless of status and title, to appear in the court, especially in criminal matters. He urged the court to reject the prosecution’s argument, noting that the cited judgment might not have considered all magistrate court laws across the country.
Chief Magistrate Abayomi Adeosun ordered Olumide Fasuka, SAN, to step down and allowed the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter. Consequently, lawyers Mr. Taiwo Adedeji, Ayodele Ademiluyi, and Mayowa Omojola took over the representation of the defendant.
After the argument, Taiwo Adeniji, who took over from Olumide-Fusika, applied for bail of the defendant, saying the defendant’s offences are bailable, according to section 36 (5) of the 1999 Nigerian constitution (as amended) and Act 6 of the African Charter and People’s Rights. He said the bail application is based on hearsay and lack of facts.
The presiding magistrate adjourned the bail application to December 20 after the counsel to the police, Samson Osobu, proved that the bail application submitted by the defendant was incompetent and irregular. Following this decision, Farotimi was sent back to prison for the next 10 days.
Meanwhile, supporters of the human rights lawyer have taken to social media with the hashtag #FreeDeleFarotimiNow, expressing their dissatisfaction with the court’s decision to adjourn the bail ruling.
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