From Adeleye John
The Ekiti Chief Magistrate Court trying the criminal defamation case against human rights lawyer and activist, Dele Farotimi on Tuesday adjourned the case till December 20,2024 to hear the bail application for the defendant and ordered his remand in prison custody.
This was just as the police prosecuting counsel in the case opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fasuka for ongoing trial at the Magistrate Court in Ado-Ekiti.
Farotimi is facing charges before the court for alleged defamation of a legal icon, Aare Afe Babalola in his book, titled, ‘ Nigeria and Its Criminal Justice System.
The police counsel, Samson Osobu in the ongoing proceeding in court on Tuesday informed the court that the SAN 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, Adeyinka 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.
He urged the court to reject the argument of the prosecution lawyer, noting that the judgement he cited might not have put 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 judgement cited by the prosecutor.
He ordered the Senior Advocate of Nigeria to step down and allowed the most senior lawyer in the defendant’s team continue the case, pending his ruling on the matter.
A lawyer, Taiwo Adedeji is continuing the case on behalf of the defendant.
The court has however adjourned the case till December 20,2024 to hear the bail application for the defendant and ordered the remand of Farotimi in prison custody.
End.
