Follow Us on Google
From Priscilla Ediare, Ado-Ekiti
The Ekiti State Magistrate Court in Ado-Ekiti, yesterday, struck out the defamation suit filed against human rights activist and lawyer, Dele Farotimi.
The case emanated after the founder of Afe Babalola University Ado-Ekiti ABUAD, Aare Afe Babalola (SAN) petitioned the Commissioner of Police in Ekiti State accusing Farotimi of defaming him in his book, titled ‘Nigeria and Its Criminal Justice System’
Farotimi had stood trial in two courts, after the Inspector General of Police (IGP) Kayode Egbetokun, filed a suit against him over alleged cybercrime at the Federal High Court, Ado-Ekiti and Babalola instituted a suit against him over alleged criminal defamation at the Ekiti State Magistrate Court, Ado-Ekiti.
While the Federal High Court, Ado-Ekiti, had on December 9, 2024, granted N50 million bail to the defendant (Farotimi) and adjourned the case to January 29, 2025, the Ekiti State Magistrate Court in Ado-Ekiti on December 20, 2024 granted N30 million bail to the human rights activist and adjourned the case to February 13, 2025.
But on January 27, 2025, Babalola, the nominal complainant in the case, announced that he would instruct his lawyers to withdraw the defamation suit against Farotimi after the Ooni of Ife, Oba Adeyeye Ogunwusi, and some prominent traditional rulers in Ekiti State, appealed to him (Babalola) to withdraw the case.
On January, 29, the Federal High Court, Ado- Ekiti, had struck out the cybercrime suit instituted by the IGP against the defendant (Farotimi).
During the hearing yesterday, the Prosecution, Mr Martins Akala, said: “ The matter is slated for hearing today. However, we want to seek the leave of the court for withdrawal of the pending charges against the defendant on the instruction of the police authority.”
Responding, Counsel to the defendant, Mr Adejare Kembi, said his team has no objection to the withdrawal of the case.
In his judgement, the Presiding Magistrate Abayomi Adeosun, struck out the case considering the position of the two parties. “the charge is hereby struck out.”
Speaking with newsmen after the ruling, the Counsel to the defendant, Adejare, said, “The case was struck out based on the application of the prosecution.
We welcome it. They brought us here and they asked us to go. Like I said in open court, I said, they have just removed the chain. They brought the chain, they removed the chain, why should we complain?
“ We came to court today to follow up our case which is for hearing. The prosecution says, “we are withdrawing, and we agreed.”
On whether he is expecting other cases in other jurisdictions to also play out the same way (withdrawal) he said, “I don’t know. I can’t guess.”
Responding to if his client (Farotimi) can now talk to the press and the world as the case has been struck out, Kembi said, “Fundamental human right, that’s his choice. It is a constitutional right for him to exercise. Now, when a court makes an order in a pending case and then the pending case is either struck out or dismissed, every order made pursuant to that case is also struck out and dismissed. So, if the order was made pursuant to this case then that order is no longer existing.”
