AN Ekiti State Magistrate Court sitting in Ado-Ekiti has reserved ruling in the bail application of human rights lawyer Dele Farotimi to Friday, 20 December 2024.
The ruling means Farotimi, despite the growing public outcry to his continued incarceration, will remain in custody for another 10 days, prolonging his wait for justice and freedom.
Farotimi had earlier on Tuesday pleaded not guilty to 14 amended charges levelled against him. The charges, which were initially 16, were amended and reduced to 14 by the prosecution before they were read to Mr Farotimi in the open court.
Meanwhile, officials of the Nigerian Correctional Service (NCS) brought the lawyer to court on Tuesday morning without handcuffs after facing backlashes on Monday at the Federal High Court when he, the author, was brought to court in handcuffs.
Farotimi has, in the meantime, filed a notice of preliminary objection, urging the court to dismiss the defamation suit filed against him by Afe Babalola (SAN).
The preliminary objection, filed on Monday, 9 December 2024, ahead of Tuesday’s hearing of the defamation charge, was filed 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 and non-existent and that the magistrate acted beyond its 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.
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 C16, Laws of Ekiti, 2012 has been expressly repealed and replaced by Section 429(a) of the Criminal Law of Ekiti State, 2021.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), and 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.
Based on these points, the Magistrate acted without jurisdiction by allowing the charge to proceed, ordering the arraignment of the defendant, and subsequently ordering his detention in prison.
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.
Eighteen-Eleven Media