A Chief Magistrate’s Court in Ado Ekiti, Ekiti State, has adjourned until December 20 the ruling on the bail application of lawyer and activist Dele Farotimi, who is facing charges of criminal defamation brought by prominent Nigerian lawyer Afe Babalola. Babalola is the founder of Afe Babalola University, Ado Ekiti.

Farotimi was remanded in Ado Ekiti’s correctional facility last Wednesday, following his arraignment on 16 counts of criminal defamation. The court adjourned until Tuesday for the hearing of his bail application.

During the previous proceedings, Farotimi pleaded not guilty to all charges. His legal team made an oral application for bail, but Chief Magistrate Abayomi Adeosun advised that a formal written application be submitted. The case was adjourned until Tuesday for the application to be heard.

On Tuesday, after hearing the application, Magistrate Adeosun adjourned the ruling on the bail request until December 20.

Opposing the bail application, prosecuting counsel Samson Osobu argued that the defendant’s bail application was incomplete and not properly filed.

Prosecution Challenges Defence Counsel’s Appearance

Earlier in the session, the prosecution also objected to the appearance of Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, who is leading Farotimi’s defence. Osobu argued that Nigerian law prevents a Senior Advocate of Nigeria from representing a client before a magistrate’s court. He cited a recent ruling by the Court of Appeal in Ibadan, Oyo State, which upheld this restriction.

In response, Olumide-Fusika argued that the law governing Ekiti State’s magistrate courts, as enacted by the state’s House of Assembly, allows all lawyers, regardless of their title, to appear before the court in criminal cases. He also pointed out that the appellate court judgment might not have considered all local laws governing magistrate courts across Nigeria.

Adeosun deferred his ruling on the matter, stating that he would review the cited judgment before making a decision. The magistrate then ordered Olumide-Fusika to step down from the defence team and allowed Taiwo Adedeji, the most senior non-SAN lawyer in the team, to continue representing Farotimi in the meantime.

Case Adjourned and Farotimi’s Remand Extended

The court ultimately adjourned the case to December 20 for a ruling on the bail application and ordered that Farotimi remain in prison custody. This decision extends Farotimi’s remand by at least 10 days, even though a federal court had granted him bail in a separate case on Monday.