Human rights lawyer Dele Farotimi has been granted bail by a federal high court in Ado-Ekiti, Ekiti State, in a defamation case filed by Aare Afe Babalola.
The 2023 African Action Congress, AAC, presidential candidate, Omoyele Sowore, announced the development on his X (Twitter) handle on Monday.
Sowore stated that Farotimi was granted N50 million bail with a surety in the same amount, who must provide landed property as collateral.
The case has been adjourned to January 29, 2025.
Background
Last Tuesday, Farotimi was arrested in Lagos and brought to Ado-Ekiti to face trial for allegedly defaming renowned lawyer and founder of Afe Babalola University Ado-Ekiti, ABUAD, Aare Afe Babalola (SAN) in his book titled, ‘Nigeria and its Criminal Justice System’ .
Farotimi had alleged in the book that Babalola corrupted the Supreme Court to procure a fraudulent judgement in the service of his clients.
Farotimi outlined 10 claims in the foreword of his book, alleging corruption and malpractice involving Babalola, his law firm, and other legal professionals.
Some key excerpts from the book include accusations that:
Babalola corrupted the Supreme Court to procure fraudulent judgments for his clients.
The law firm of S.B. Joseph & Co. doctored the Supreme Court’s original judgment to obtain an execution warrant.
Justice Atilade unlawfully issued and later quashed the fraudulent warrant.
Babalola and his associates compromised the judiciary, tarnishing its integrity.
The Nigerian justice system is fundamentally criminal and complicit, incapable of upholding true justice.
Babalola denied all allegations, claiming they were deliberate falsehoods intended to damage his reputation and the legacy of his law firm, established in 1965.
He demanded the recovery of all copies of the book from circulation.
Fresh 12-count charge
Meanwhile, the Police, Ekiti State command, on Friday, filed fresh charges against Dele Farotimi.
The fresh 12-count charge filed before a federal high court in Ado-Ekiti borders on cybercrime allegations.
The charge reads: “That you Dele Farotimi ‘m’ on 28th August 2024 knowingly and intentionally transmitted communication in an online interview on ‘Mic On’ podcast by Seun Okinbaloye on your YouTube channel in respect of a book authored and published by you titled: “Nigeria and its Criminal Justice System”, wherein you stated in the interview that: “Aare Afe Babalola corrupted the judiciary” which you know to be false information for the purpose of causing the breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.”
Farotimi Asks Court To Strike Out Defamation Suit
Ahead of Tuesday’s hearing of the defamation charge against Dele Farotimi, the Lagos-based legal practitioner has filed a preliminary objection asking the Ado Ekiti Magistrate Court to strike out the suit.
The preliminary objection dated December 9, 2024, was filed through his lawyer, Senior Advocate of Nigeria, Adeyinka Olumide-Fusika, leading 19 others.
It was brought under Section 36(8) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999, SECTIONS 4(1) OF THE CRIMINAL LAW OF EKITI STATE, SECTION 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 (N0.5, 2014) OF EKITI STATE.
In the five grounds of the objection, Farotimi contends among other things that the charge before the magistrate court is unknown to law, non-existent and that the magistrate acted without jurisdiction on an incompetent charge.
Specifically, the five grounds of the application are:
(1) that the 16 count charge before the magistrate court refers to alleged offences contrary to and punishable under the”Criminal Code Act”.
(2) that the Criminal Code Act was a law applicable by adoption and/or domestication in Ekiti State of the Federal Republic of Nigeria as the Criminal Code Law, Cap. C16. Laws of Ekiti, 2012.
(3) that the Criminal Code Law, Cap. C16, Laws of Ekiti, 2012 has been replaced and expressly repealed by Section 429 (a) of the Criminal Law of Ekiti State, 2021.
(4) that the crime of defamation of Aare Afe Babalola, SAN, OFR, and two of his partners, Olu Daramola, SAN, Olu Faro and the law firm of Afe Babalola & Co., alleged and particularised in all said counts of the Charge, and upon which the Defendant was arraigned and unwittingly ordered detained in prison by the – Honourable Magistrate, is unknown to and are non-existent in the
Críminal Law of Ekiti State, 2021.
(5) In the premise, the Honourable Magistrate acted without jurisdiction when he countenanced the Charge, allowed the arraignment of the Defendant, and ordered his detention in prison upon the said incompetent charge.
Apart from the Senior Advocate of Nigeria, Yinka Olumide-Fusika, who is leading the defence team for Farotimi, the team also has three other senior advocates: Festus Emiri, Bamidele lbironke, Segun Ololade as well as 16 other legal practitioners.
