Court postpones hearing of Farotimi’s bail application, extends author’s remand by 10 days
A Chief Magistrate’s Court in Ado Ekiti, Ekiti State, postponed again on Tuesday the hearing of the bail application of lawyer and activist Dele Farotimi, who is 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.
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.
However, at Tuesday’s proceedings, Mr Adeosun further adjourned the hearing of the bail application following the prosecution’s opposition to 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.
But he 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 hear the bail application of the defendant and ordered the remand of Mr Farotimi in prison custody.
The postponement of the hearing extended Mr Farotimi’s remand by at least another 10 days, even though a federal court granted him bail in a related case on Monday.
Mr Farotimi faces a related case which centres on alleged cybercrime aspects of the defamation allegation at the Federal High Court in Ado Ekiti.
On Wednesday, prison officials produced him in handcuffs for arraignment before the Federal High Court.
The author pleaded not guilty to the 12 counts of cybercrime preferred against him by the police.
The judge, Babs Kuewunmi, granted him N50 million bail and remanded him in prison till he met the bail conditions.
Both cases sprang from the petition Mr Babalola sent to the police in Ekiti State alleging that Mr Farotimi defamed him in his book, ‘Nigeria and its Criminal Justice System’.
Mr Babalola cited 31 alleged defamatory excerpts from the104-page book which he said was written to ruin his hard-earned reputation.
Court postpones hearing of Farotimi’s bail application, extends author’s remand by 10 days
A Chief Magistrate’s Court in Ado Ekiti, Ekiti State, postponed again on Tuesday the hearing of the bail application of lawyer and activist Dele Farotimi, who is 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.
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.
However, at Tuesday’s proceedings, Mr Adeosun further adjourned the hearing of the bail application following the prosecution’s opposition to 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.
But he 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 hear the bail application of the defendant and ordered the remand of Mr Farotimi in prison custody.
The postponement of the hearing extended Mr Farotimi’s remand by at least another 10 days, even though a federal court granted him bail in a related case on Monday.
Mr Farotimi faces a related case which centres on alleged cybercrime aspects of the defamation allegation at the Federal High Court in Ado Ekiti.
On Wednesday, prison officials produced him in handcuffs for arraignment before the Federal High Court.
The author pleaded not guilty to the 12 counts of cybercrime preferred against him by the police.
The judge, Babs Kuewunmi, granted him N50 million bail and remanded him in prison till he met the bail conditions.
Both cases sprang from the petition Mr Babalola sent to the police in Ekiti State alleging that Mr Farotimi defamed him in his book, ‘Nigeria and its Criminal Justice System’.
Mr Babalola cited 31 alleged defamatory excerpts from the104-page book which he said was written to ruin his hard-earned reputation.
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