Justice Abayomi Adeosun of the Magistrate Court sitting in Ado-Ekiti, the Ekiti state capital, Tuesday has reserved ruling on the bail application filed by human rights lawyers, Dele Farotimi, till December 20, 2024.
Farotimi was arraigned last week before the magistrate court by the police for alleged defamation of the character of Chief Afe Babalola in his book entitled “Nigeria and its Criminal Justice System”
Babalola had considered aspects of the 104-page book authored by Farotimi as defaming him and filed a legal action against the human rights lawyer.
He, however, pleaded not guilty to all the 16 counts charged against him.
At the resumed hearing on Tuesday, the Police prosecuting counsel, Mr. Samson Osobu, opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fasuka, in defense of Farotimi.
The police counsel informed the court that the Senior Advocate of Nigeria, under the law, could not take over the suit for the defendant at the Magistrate Court.
He cited the recent judgement of a court of Appeal in Ibadan, Oyo State delivered July 16,2024 where the court ruled that SAN could not appear before the magistrate court.
But in his submission, Olumide-Fasuka explained that the Ekiti state magistrate court law enacted by the House of Assembly allowed lawyers irrespective of status and title to appear in the court especially in criminal matters as it related with the suit against the defendant.
The Senior Advocate of Nigeria urged the court to reject the argument of prosecuting lawyer, noting that the verdict he cited might not have taken into considerations all magistrate court laws across the country.
Responding on the matter, the Chief Magistrate, Abayomi Adeosun, said that he would step down his ruling on the matter in order for him to read the judgment cited by the prosecutor.
He, however, ordered the Senior Advocate of Nigeria to step down and allowed the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter.
A legal practitioner, Barr Taiwo Adedeji, however, continued the case on behalf of the defendant.
The court, however, adjourned the case till December 20, 2024, to hear the bail application and ordered the remand of Farotimi in prison custody.
