The embattled Lagos-based lawyer and human rights activist, Dele Farotimi, has taken a bold legal step, filing a preliminary objection urging the Ado Ekiti Magistrate Court to dismiss the defamation suit against him.
This dramatic twist comes just a day after Farotimi was granted a hefty N50 million bail on the 9th of December, 2024 ahead of the scheduled hearing of the case on the 10th of December, 2024.
The objection, dated on the 9th of December, 2024, was submitted by his lead counsel, Senior Advocate of Nigeria Adeyinka Olumide-Fusika, accompanied by a formidable team of 19 other legal practitioners.
It hinges on multiple legal provisions, including Section 36(8) of the Nigerian Constitution (1999), Sections 4(1), 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 (No. 5, 2014) of Ekiti State.
Farotimi’s argument is anchored on five compelling grounds, challenging the validity of the charges and questioning the court’s jurisdiction. He contends that the charges against him are “unknown to law,” legally non-existent, and that the magistrate overstepped by entertaining an incompetent charge. The highlights of his argument include:
The 16-count charge refers to alleged offences under the “Criminal Code Act,” which has been replaced and repealed by Section 429(a) of the Criminal Law of Ekiti State, 2021.
The repealed law, Criminal Code Law, Cap. C16, Laws of Ekiti, 2012, can no longer serve as the basis for criminal charges in the state.
The allegations of defamation involving Aare Afe Babalola, SAN, OFR, his partners Olu Daramola, SAN, Olu Faro, and the law firm of Afe Babalola & Co., do not constitute a crime under the current Criminal Law of Ekiti State, 2021.
Farotimi insists that his detention and the arraignment were based on charges that lack legal standing. He further argues, “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.”
This objection has set the stage for a high-stakes legal battle that could redefine the boundaries of criminal law in Ekiti State.