The Magistrate Court sitting in Ado-Ekiti, Ekiti state on Tuesday denied the human rights activist, Dele Farotimi bail.
Farotimi was arrested in Lagos and transferred to Ekiti State, where he was arraigned on a 16-count charge of defamation against Chief Afe Babalola, SAN, in his book, “Nigeria and its Criminal Justice System,” where he accused Babalola of corrupting Supreme Court judges.
He pleaded not guilty to all charges.
The police prosecutor requested his remand in prison custody pending further investigation, while his counsel argued for bail on liberal terms, citing the presumption of innocence.
Counsel to the police, Samson Osobu said Adeyinka Olumide-Fusika, SAN, who is the lawyer of the defendant does not have the right to appear as representative of the defendant.
He reminded the court of the Magistrates law of 2014 as amended, citing a 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.
On his part, Olumide-Fusika cited the Oyo Magistrate’s law, which explained that any qualified Lawyer can appear in court majorly if the matter is related to criminal cases and any suspect or defendant is entitled to any legal representative in court.
However, the presiding Magistrate, Abayomi Adeosun asked Olumide-Fusika to step down, while another lawyer who is not a senior advocate proceed, while the court decide on the basis of the argument afterwards.
Taiwo Adeniji, who took over from Olumide-Fusika submitted an application for bail of 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 African Charter and People’s Rights.
He said the bail application is based on hearsays and lack actual facts.
Osobu urge the court to review the bail application submitted before the court, stressing that the defendant doesn’t merit it and that the application is incompetent and irregular.
In his ruling, the presiding Magistrate, Abayomi Adeosun adjourned bail application to December 20 as a result of prolonged disagreement between the two counsel and the lawyer of the defendant.
Shortly after the court proceedings, some support groups clashed outside the court room, alleging the court of violating the rule of law.
While pro-Afe Babalola group confronted the opposing party not to constitute any nuisance, Farotimi’s side pledged to stage the protest as soon as they get to Lagos state for the release of the human rights activist.
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