Activist and lawyer, Dele Farotimi, was on Friday granted N30 million bail by a Magistrate court in Ado Ekiti, Ekiti State where he had been earlier arraigned for allegedly defaming a Senior Advocate of Nigeria (SAN), Afe Babalola.
Aside the N30 million, other conditions of the bail imposed on Farotimi by the Magistrate, Abayomi Adeosun, include provision of 3 sureties with a landed property within the court’s jurisdiction, submission of his international passport to the court as well as to refrain from granting media interviews.
The Magistrate Abayomi Adeosun, adjourned the case till 13th February 2025.
Farotimi had on his first arraignment before the Magistrate court pleaded not guilty to the 14-count charge preferred against him by the police.
But the court sitting refused his bail application and ordered that he be remanded in the Correctional Centre.
Farotimi is facing charges of defamation of Babalola, in his book, titled, “Nigeria and Its Criminal Justice System”.
The court adjourned the case till today, Dec. 20, to again hear the bail application of the defendant.
This was after the police counsel, Samson Osobu during the proceeding submitted that a Senior Advocate of Nigeria (SAN), under the law, could not represent a defendant at the Magistrate’s Court.
Mr Osubu cited the recent judgement of a court of Appeal in Ibadan, Oyo State, delivered on July 16, where the court ruled that a SAN could not appear before the magistrate court.
However, Adeyinka Olumide-Fasuka SAN, explained that the Ekiti Magistrate Court Law, enacted by the state House of Assembly, allowed lawyers, irrespective of status and title, to appear in the court, especially in criminal matters as it related to the suit against the defendant.
He urged the court to reject the argument of the prosecution lawyer, noting that the judgment cited, might not have put into considerations, all magistrate court laws across the country.
Responding on the matter, the Chief Magistrate, Abayomi Adeosun said he would step down his ruling on the matter, in order for him to read the judgment, cited by the prosecutor.
He consequently ordered the Senior Advocate of Nigeria to step down, and allow the most senior lawyer in the defendant’s team, to continue the case, pending his ruling on the matter.
A lawyer, Taiwo Adedeji, subsequently took over the case from Fasuka as the legal representative of Farotimi.
Farotimi had also been granted bail in another case of cyberbullying and defamation before a Federal High Court sitting in Ado-Ekiti.
The court admitted Farotimi to bail in the sum of N50 million, and a surety in like sum.
