The Magistrate Court in Ado-Ekiti, Ekiti State, Justice Abayomi Adeosun on Tuesday remanded human rights lawyer Dele Farotimi in police custody while reserving ruling on a bail application filed until December 20, 2024.
Farotimi, who was arraigned last week, faces charges of defamation brought by the Police over alleged statements in his book, Nigeria and Its Criminal Justice System, which reportedly tarnished the reputation of legal luminary Chief Afe Babalola.
Chief Babalola had deemed portions of the 104-page publication defamatory and subsequently initiated legal proceedings against Farotimi.
He, however, pleaded not guilty to all the 16 counts charge preferred against him.
At the resumed hearing on Tuesday, the Police prosecuting Counsel, Mr Samson Osobu opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fasuka in defense of Farotimi.
The police counsel informed the court that Senior Advocate of Nigeria under the law could not take over the suit for the defendant at the Magistrate Court.
He cited the recent judgement of a court of Appeal in Ibadan, Oyo State delivered July 16,2024 where the court ruled that SAN could not appear before the magistrate court.
But in his submission, Olumide-Fasuka 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 as it related with the suit against the defendant.
The Senior Advocate of Nigeria urged the court to reject the argument of prosecuting lawyer, noting that the verdict he cited might not have taken into consideration all magistrate court laws across the country.
Responding on the matter, the Chief Magistrate, Abayomi Adeosun, said that he would step down his ruling on the matter in order for him to read the judgment cited by the prosecutor.
He, however, ordered the Senior Advocate of Nigeria to step down and allowed the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter.
A legal practitioner, Barr Taiwo Adedeji, however, continued the case on behalf of the defendant while the court adjourned the case till December 20, 2024, to hear the bail application and ordered the remand of Farotimi in prison custody.
