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From Priscilla Ediare, Ado-Ekiti
A Magistrate Court sitting in Ado-Ekiti, the capital of Ekiti State, on Tuesday adjourned ruling on the bail application for human rights activist and lawyer, Dele Farotimi, to December 20.
Farotimi was last Tuesday arraigned before a Magistrate Court in Ado-Ekiti following a petition written against him by legal luminary, Aare Afe Babalola (SAN), over alleged defamatory remarks in his book titled Nigeria and Its Criminal Justice System.
In his argument, the Police Counsel, Samson Osobu, said Adeyinka Olumide-Fusika (SAN), the lawyer of the defendant, does not have the right to appear as a representative of the defendant.
Osobu reminded the court of the Magistrates’ Law of 2014 (as amended), citing the case of Abiodun Bamigboye vs COP with Appeal No. CA/IP/2256C/2021, where an agreement was reached that no SAN has the constitutional right to appear or file any process in an inferior court.
Olumide-Fusika, on his part, cited the Oyo Magistrates’ Law, which explained that any qualified lawyer can appear in court, particularly if the matter is related to a criminal case, and that any suspect or defendant is entitled to legal representation in court.
The Presiding Magistrate, Abayomi Adeosun, however, asked Olumide-Fusika to step down, while another lawyer who is not a SAN, Taiwo Adeniji, proceeded. After further argument, the court made its decision.
Taiwo Adeniji, who took over from Olumide-Fusika, submitted an application for bail for the defendant, saying the defendant’s offences are bailable according to Section 36 (5) of the 1999 Nigerian Constitution (as amended) and Act 6 of the African Charter on Human and Peoples’ Rights.
However, the Counsel to the Police, Osobu, submitted an amended 14-count charge against the defendant, all of which Farotimi pleaded not guilty to.
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He said the bail application was based on hearsay and lacked actual facts.
Osobu urged the court to review the bail application submitted before it, stressing that the defendant did not merit it and that the application was incompetent and irregular.
In his ruling, the Presiding Magistrate, Abayomi Adeosun, adjourned the bail application to December 20, citing prolonged disagreements between the Counsels and the defendant’s lawyer, while Farotimi was sent back to prison.
Reacting to the development, the National Coordinator of the Obedient Movement, Yunusa Tanko, said, “I was actually expecting that there would be a kind of bail today because from what I understand, that particular issue is a bailable offence. It is a bailable offence that ought to have been granted. Dele Farotimi as of yesterday was already granted bail at the Federal High Court. So, as he was expecting that the lower court of today would have granted the same thing to him to ensure that he is granted bail as of today, not an adjournment to another period of time.
“That was what I was expecting because based on the fact that a senior court who has more jurisdiction on the matter has already made a pronouncement of bail. It is expected that that particular bail should have been granted to him at the Magistrate Court.
“This was actually what His Excellency Peter Obi, who was exploring all options to make sure that this particular case has been put to rest, tried to do. You remember that he tried his best to reach out to the major person in granting this particular bail so that the issue can be trashed in court later. But not that it will stop at a bailable offence as of today in the Magistrate Court. I was not really pleased with that.”
Shortly after the ruling, the supporters of the defendant (Farotimi) and people loyal to the plaintiff (Afe Babalola) traded words outside the court.
While the supporters loyal to the defendant rejected the ruling via verbal protest, the supporters of the plaintiff condemned them.
One of the supporters and an indigene of Ado-Ekiti, Toyin Ajofoyinbo, said, “Nobody can destabilise the peace of our state. We know they are rented thugs, we know they are hired to do this, but no amount of internet attacks can make a group of underdogs subdue the right of our father, Afe Babalola.”
