The Nigerian Correctional Service (NCS) brought the lawyer on Tuesday morning withour handcuffs, after facing backlashes on Monday at the Federal High Court.
Human rights lawyer, Dele Farotimi, has arrived at the premises of the Ado Ekiti Magistrate Court in Ekiti State in the ongoing trial on the defamation suit filed against him by legal luminary, Afe Babalola (SAN).
The Nigerian Correctional Service (NCS) brought the lawyer on Tuesday morning withour handcuffs, after facing backlashes on Monday at the Federal High Court.
Ekwutosblog reported earlier that Farotimi submitted a preliminary objection, urging the Ado Ekiti Magistrate Court in Ekiti State to dismiss the defamation suit filed against him by Afe Babalola (SAN).
The preliminary objection, filed on Monday dated December 9, 2024, ahead of Tuesday’s hearing of the defamation charge was submitted 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, non-existent, and that the magistrate acted beyond their 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 C16, Laws of Ekiti, 2012 has been expressly repealed and replaced by Section 429(a) of the Criminal Law of Ekiti State, 2021.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, 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 Honourable 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.
