Lawyer Dele Farotimi remanded as Magistrates’ Court delays bail ruling

Human rights lawyer Dele Farotimi has been remanded in correctional custody by the Chief Magistrates’ Court in Ado-Ekiti pending a ruling on his bail application scheduled for Friday, December 20, 2024.

Farotimi faces a 16-count charge brought by the police over alleged defamation of legal luminary Chief Afe Babalola in his book, “Nigeria and Its Criminal Justice System.” Chief Babalola filed the suit, claiming parts of the 104-page book tarnished his reputation. Farotimi has pleaded not guilty to all charges.

At Tuesday’s hearing, the prosecuting counsel, Mr. Samson Osobu, challenged the appearance of Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika as Farotimi’s defense lawyer, citing a July 2024 Court of Appeal ruling from Ibadan, which prohibits SANs from appearing in magistrate courts.

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In his defense, Olumide-Fusika argued that Ekiti State’s Magistrate Court Law permits all lawyers, regardless of their status, to appear in criminal cases. He urged the court to dismiss the prosecutor’s objection, stating that the cited ruling may not apply universally to magistrate courts across the country.

Chief Magistrate Abayomi Adeosun deferred his decision on the issue, explaining that he needed time to review the referenced judgment. Meanwhile, he directed Olumide-Fusika to step down, allowing the senior lawyer on Farotimi’s team, Barrister Taiwo Adedeji, to represent him until a ruling is made.

The court adjourned the case and ordered Farotimi’s remand in custody, with the bail hearing slated for December 20.

Legal analysts say the case raises significant questions about legal representation at lower courts and the boundaries of defamation law in Nigeria.