Dele Farotimi’s Magistrate Court Case Adjourned to December 20

Chief Magistrate Abayomi Adeosun of the Magistrate Court in Ado-Ekiti, the capital of Ekiti State, has postponed a ruling on the application moved in the case of  human rights Lawyer, Dele Farotimi until December 20, 2024.

Farotimi was arraigned last week on charges of alleged defamation brought against him by the Police.

The charges stem from his book titled “Nigeria and Its Criminal Justice System”, which Chief Afe Babalola, CON, SAN, claims contains defamatory material about him.

Chief Babalola, SAN initiated legal proceedings against Farotimi, who pleaded not guilty to all 16 counts. During the hearing, the Police Prosecutor, Mr Samson Osobu, opposed the appearance of Senior Advocate of Nigeria, Adeyinka Olumide-Fusika as Farotimi’s defence Counsel.  Osobu argued that under the law, a Senior Advocate could not represent a defendant in a Magistrate Court. He referenced a recent judgement from the Court of Appeal in Ibadan, Oyo State, delivered on July 16, 2024, which established that a Senior Advocate could not appear before a Magistrate.

In response, Mr Olumide-Fusika, SAN contended that the Ekiti State Magistrate Court Law, enacted by the State’s House of Assembly, permits Lawyers of any status or title to represent clients in criminal matters, including this case. He urged the court to dismiss the Prosecutor’s argument, suggesting that the cited verdict may not have fully taken into account all Magistrate Court laws across the country.

Chief Magistrate Abayomi Adeosun decided to delay his ruling, to review the judgement referenced by the prosecution. He instructed the Senior Advocate to step aside, allowing the most senior Lawyer on Farotimi’s team to continue with the case until his ruling was made. Taiwo Adedeji subsequently, represented the Defendant.

The court adjourned the case to December 20, 2024, to deliver the ruling and ordered that Farotimi be remanded in prison custody.