A magistrate’s court in Ado-Ekiti, Ekiti State, yesterday deferred till December 20, 2024 the ruling on the bail application of lawyer and activist Mr Dele Farotimi.
Farotimi is standing trial for alleged criminal defamation of a senior lawyer and founder of Afe Babalola University, Ado Ekiti, Mr Afe Babalola
He was charged with defamation stemming from statements in his book, ‘Nigeria and its Criminal Justice System’ where he alleged that Babalola had compromised the Supreme Court.
Recall that on December 4, the presiding magistrate, Mr Abayomi Adeosun had ordered the remand of Farotimi in the correctional facility in Ado Ekiti after his arraignment and adjourned to Tuesday (yesterday) for the hearing of his bail application.
Farotimi pleaded not guilty to all 16 counts of criminal defamation during the last proceedings.
His lawyer subsequently moved an oral application for his bail, but the trial magistrate, Abayomi Adeosun, said he would rather entertain a formal application which he asked the defence to file and adjourned the case to Tuesday.
At yesterday’s hearing, the prosecuting lawyer, Mr Samson Osobu, opposed the bail application, saying the document submitted by the defendant was incomplete and not properly filed.
He had earlier opposed the appearance of a senior lawyer, Mr Adeyinka Olumide-Fusika, leading Farotimi’s defence.
Osobu had contended that a senior lawyer, under the Nigerian law, is barred from appearing before a magistrate’s court.
He cited the recent judgement of the Court of Appeal, Ibadan Division, Oyo State, delivered on 16 July to the effect that a lawyer with an SAN rank cannot appear before a magistrate court.
Opposing the argument, Olumide-Fusika explained that the Ekiti State magistrate court law enacted by the house of assembly allows lawyers irrespective of status and title to appear in the court, especially in criminal matters such as the one involving the defendant.
He urged the court to reject the argument of the prosecution, noting that the judgement he cited might not have put into consideration all magistrate court laws across the country.
The trial chief magistrate, Adeosun, said he would postpone his ruling on the matter for him to read the judgement cited by the prosecutor.
The magistrate ordered Olumide-Fusika to step down from the defence team and allow a non-senior lawyer in his team to continue the case pending his ruling on the matter.
A lawyer, Mr Taiwo Adedeji, continued the case on behalf of the defendant.
The court adjourned till 20 December to rule on the bail application of the defendant and ordered the remand of Farotimi in prison custody.
With Premium Times report
