A Magistrate’s Court sitting in Ado-Ekiti, the Ekiti State capital, on Tuesday, December 10, 2024, refused the bail application of human rights activist and lawyer, Dele Farotimi, and remanded him in the correctional centre.
Farotimi is facing charges of defamation of renowned lawyer Afe Babalola (SAN) in his book titled, “Nigeria and Its Criminal Justice System”.
The court adjourned the case till December 20, 2024, to again hear Farotimi’s bail application.
The police counsel, Samson Osobu, during the proceeding, told the court that a Senior Advocate of Nigeria (SAN), under the law, could not represent a defendant at the Magistrate’s Court.
This came as Osubu opposed the appearance of Adeyinka Olumide-Fasuka (SAN) for the defence of Farotimi in court on Tuesday.
He cited the recent judgement of a Court of Appeal in Ibadan, the Oyo State capital, delivered on July 16, where the court ruled that a SAN could not appear before the Magistrate’s Court
However, Olumide-Fasuka said the Ekiti Magistrate Court Law enacted by the State House of Assembly allowed lawyers, irrespective of status and title, to appear in the court, especially in criminal matters as it related to the suit against the defendant.
The lawyer urged the court to reject the argument of the prosecution lawyer, noting that the judgement cited might not have taken into consideration all magistrate court laws across the country.
Responding on the matter, the Chief Magistrate, Abayomi Adeosun, said he would step down his ruling on the matter for him to read the judgement cited by the prosecutor.
Adeosun consequently ordered Osubu to step down and allow Olumide-Fasuka to continue the case, pending his ruling on the matter.
A lawyer, Taiwo Adedeji, thereafter took over the case from Olumide-Fasuka as the legal representative of Farotimi.
Farotimi was granted bail in another case of cyberbullying and defamation before a Federal High Court sitting in Ado-Ekiti on Monday, December 9.
The court admitted Farotimi to bail in the sum of N50 million and a surety in like sum.
