A Magistrate’s Court sitting in Ado-Ekiti, Ekiti State, on Tuesday, refused the bail application of human rights activist and lawyer, Dele Farotimi, and ordered that he be remanded in the Correctional Centre.
Farotimi is facing charges of defamation of Chief Afe Babalola, a Senior Advocate of Nigeria (SAN), in his book, titled, “Nigeria and Its Criminal Justice System”.
The court adjourned the case till December 20, to again hear the bail application of the defendant.
Earlier, the police counsel, Samson Osobu, during the proceeding submitted that a Senior Advocate of Nigeria (SAN), under the law, could not represent a defendant at the Magistrate’s Court.
This came, as Mr Osubu, opposed the appearance of Mr Adeyinka Olumide-Fasuka SAN for the defence of Farotimi at the Ado Magistrate’s Court.
He cited the recent judgement of a court of Appeal in Ibadan, Oyo State, delivered on July 16, where the court ruled that a SAN could not appear before the magistrate court.
However, Adeyinka Olumide-Fusika (SAN), explained that the Ekiti 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 to the suit against the defendant.
He urged the court to reject the argument of the prosecution lawyer, noting that the judgement cited might not have put into considerations, 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, in order for him to read the judgement, cited by the prosecutor.
He consequently ordered the Senior Advocate of Nigeria to step down, and allow the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter.
A lawyer, Taiwo Adedeji, subsequently took over the case from Fasuka as the legal representative of Farotimi.
The defendant was on Monday granted bail in another case of cyberbullying and defamation before a Federal High Court sitting in Ado-Ekiti.
The court admitted Farotimi to bail in the sum of N50 million, and a surety in like sum.
