A Chief Magistrate’s Court in Ado Ekiti, Ekiti State, adjourned on Tuesday the ruling on the bail application of lawyer and activist Dele Farotimi, who faces charges of criminal defamation of Afe Babalola, a senior Nigerian lawyer and founder of Afe Babalola University Ado Ekiti.
Last Wednesday (4 December), the trial court remanded Mr Farotimi in the correctional facility in Ado Ekiti after his arraignment and adjourned till today (Tuesday) for the hearing of his bail application.
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Mr Farotimi pleaded not guilty to all 16 counts of criminal defamation during the last proceedings. His lawyer subsequently moved an oral application for his bail, but the trial magistrate, Abayomi Adeosun, said he would rather entertain a formal application which he asked the defence to file and adjourned till today to hear.
At Tuesday’s proceedings, Mr Adeosun adjourned till 20 December for ruling after hearing Mr Farotimi’s bail application.
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Opposing the bail application, prosecuting lawyer, Samson Osobu, argued that the bail application submitted by the defendant was incomplete and not properly filed.
Prosecution oppose defence lawyer’s appearance
Earlier in the proceedings, the prosecution opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fusika, leading Mr Farotimi’s defence.
The prosecuting lawyer, Samson Osobu, argued that a Senior Advocate of Nigeria, under the Nigerian law, is not allowed to appear before a magistrate’s court.
He cited the recent judgement of the Court of Appeal, Ibadan Division, Oyo State, delivered on 16 July to the effect that a lawyer with an SAN rank cannot appear before a magistrate court.
Opposing the argument, Mr Olumide-Fusika 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 such as the one involving the defendant.
He urged the court to reject the argument of the prosecution, noting that the judgement he cited might not have put into consideration all magistrate court laws across the country.
The trial chief magistrate, Mr Adeosun, said he would postpone his ruling on the matter for him to read the judgement cited by the prosecutor.
The magistrate ordered Mr Olumide-Fusika to step down from the defence team and allow the most senior non-SAN in his team to continue the case pending his ruling on the matter.
A lawyer, Taiwo Adedeji, continued the case on behalf of the defendant.
The court adjourned till 20 December to rule on the bail application of the defendant and ordered the remand of Mr Farotimi in prison custody.
The postponement of the ruling extends Mr Farotimi’s remand by at least 10 days, even though a federal court granted him bail in a related case on Monday.
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