The Magistrate Court in Ado-Ekiti, Ekiti State, has adjourned ruling on the bail application of human rights activist and lawyer, Dele Farotimi, to December 20, 2024.
Farotimi is facing a defamation lawsuit over allegations made in his book, Nigeria and its Criminal Justice System, where he accused renowned lawyer and founder of Afe Babalola University, Aare Afe Babalola (SAN), of corrupting the Supreme Court to procure a judgment for his clients.
Farotimi was arrested in Lagos last Tuesday by operatives of the Ekiti State Police Command.
On Monday, he was granted bail in a separate cybercrime case filed against him by the Inspector General of Police, but the police later amended the initial 16-count charge to a 14-count charge. Farotimi pleaded not guilty to the charges.
During Tuesday’s hearing, Farotimi’s counsel, Taiwo Adedeji, applied for bail, urging the court to consider the defendant’s longstanding legal career and fixed address as evidence he would not jump bail.
Adedeji argued that the alleged offense is bailable and presented a 13-paragraph affidavit supporting the application.
“The defendant has not committed a capital offense such as murder or manslaughter,” Adedeji argued. “He is a lawyer of 25 years in practice, with a fixed address, and is ready to appear in court whenever required.”
However, police prosecutor Samson Osobu opposed the bail application, submitting a 16-paragraph affidavit arguing that Farotimi lacks a fixed address and poses a flight risk. Osobu also accused Farotimi’s supporters of harassing the complainant, Afe Babalola, and his family on social media.
“The defendant, if granted bail, may abscond, thereby obstructing justice,” Osobu argued. He further challenged the competence of the defendant’s affidavit, describing it as “hearsay” and urging the court to reject the application.
The prosecutor also opposed the appearance of Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, as lead counsel for Farotimi, citing a recent Court of Appeal judgment prohibiting SANs from representing clients in magistrate courts.
However, Olumide-Fusika countered, arguing that Ekiti State laws allow lawyers of any status to appear in magistrate courts, particularly in criminal cases.
Chief Magistrate Abayomi Adeosun deferred ruling on the matter, stating that he needed time to review the cited judgment.
Pending the ruling, he ordered Olumide-Fusika to step down, allowing the most senior lawyer on Farotimi’s team to proceed with the case.
The court adjourned proceedings to December 20, 2024, and remanded Farotimi in prison custody.
