By Ihechi Enyinnaya
Magistrate Court in Ado-Ekiti hearing the criminal defamation case against human rights lawyer Dele Farotimi has opposed the appearance of a Senior Nigerian advocate, Adeyinka Olumide-Fasuka, in the ongoing trial.
The court adjourned the case till December 20, 2024, to hear the bail application for the defendant and ordered the remand of Farotimi in prison custody.
Farotimi is facing criminal defamation charges in Court, stemming from the allegations in his book, “Nigeria and its Criminal Justice System,” which accused Babalola of corrupting Supreme Court judges.
Earlier police prosecuting counsel had opposed the appearance of a Senior Nigerian advocate, Adeyinka Olumide-Fasuka
Babalola had considered aspects of the 104-page book solely by the human rights activist as defaming him and instituted legal action against Farotimi.
Earlier police prosecuting counsel had opposed the appearance of a Senior Nigerian advocate, Adeyinka Olumide-Fasuka,
The police counsel, Mr. Samson Osobu at the resumed hearing 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 judgment of a court of Appeal in Ibadan, Oyo State delivered on July 16, 2024, where the court ruled that SAN could not appear before the magistrate court.
But in his submission, 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 to the suit against the defendant.
The Senior Advocate of Nigeria urged the court to reject the argument of the prosecuting lawyer, noting that the verdict he cited might not have put into consideration all magistrate court laws across the country.
Responding to the matter, the Chief Magistrate, Abayomi Adeosun said that he would step down his ruling on the matter for him to read the judgement cited by the prosecutor.
He, however, ordered the Senior Advocate of Nigeria to step down and allowed the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter.
A lawyer, Barrister Taiwo Adedeji stepped in and continued the case on behalf of the defendant.
As of the time of filing the report, the court proceeding is still ongoing on other pending issues, especially regarding the defendants’ bail application.