Kehinde Fajobi
The Magistrate Court in Ado-Ekiti, Ekiti State, has denied bail to human rights lawyer and activist, Dele Farotimi, who is facing defamation charges brought against him by Afe Babalola, founder of Afe Babalola University.
At Tuesday’s hearing, presiding Magistrate Abayomi Adeosun deferred ruling on Farotimi’s bail application to December 20, 2024, prolonging his detention by 10 more days.
This development comes a day after Omoyele Sowore, the African Action Congress (AAC) presidential candidate in the 2023 elections, announced on his X handle that Farotimi had been granted bail by the Federal High Court in Ado-Ekiti.
Sowore wrote, “The first hurdle was crossed. #DeleFarotimi was granted bail of ₦50 million surety in the like sum with someone with landed property. The case was adjourned to January 29, 2025.”
However, at Tuesday’s magistrate court session, police counsel Samson Osobu argued that Farotimi’s bail application was incomplete and improperly filed.
Magistrate Adeosun subsequently ruled to postpone the decision, leaving Farotimi in detention.
Farotimi, who pleaded not guilty to 14 charges stemming from allegations of defaming Afe Babalola and other senior partners at his law firm, arrived at the court without handcuffs, following public criticism of his earlier treatment.
His defence team, led by Senior Advocate of Nigeria Adeyinka Olumide-Fusika, had filed a preliminary objection challenging the validity of the charges.
The objection, citing Section 36(8) of the 1999 Constitution and the Ekiti State Criminal Law of 2021, argued that the charges are based on the repealed 2012 Criminal Code Law of Ekiti State.
“The alleged offences are non-existent under the current law, and the magistrate acted beyond their jurisdiction by allowing the charges to proceed,” Olumide-Fusika stated.
Farotimi’s defence includes Senior Advocates Festus Emiri, Bamidele Ibironke, Segun Ololade, and 16 other lawyers.
The defamation suit alleges that Farotimi made defamatory statements against Babalola and his partners, Olu Daramola (SAN) and Olu Faro, as well as the law firm Afe Babalola & Co.
Farotimi’s detention and the delay in his bail ruling have sparked public outcry, with many advocating for his immediate release.
The case is set to continue later this month.