Human rights lawyer Dele Farotimi will spend another ten days in the correctional facility after a chief magistrate court in Ado Ekiti, Ekiti State, refused bail.
Farotimi is on trial for allegedly defaming the founder of Afe Babalola University Ado-Ekiti (ABUAD) in his recently published book, “Nigeria and Its Criminal Justice System.”
In the book, he accused Aare Afe Babalola of corrupting the judiciary and compromising the Supreme Court to procure a fraudulent judgement in the service of his clients.
At the commencement of the hearing, the prosecution called the court’s attention to the fact that Adeyinka Olumide-Fusika (SAN) could not appear for the defendant under the law attached to the SAN status.
The opposing parties argued the issues before it was resolved that Olumide-Fusika should not appear for the defendant, at least for that day
The sixteen-count charges earlier preferred against the defendant by the prosecution, led by Samson Osobu, were reduced to 14 in an amended change.
Farotimi pleaded not guilty to all the 14 amended charges when read to him.
The defence team, led by Mr Taiwo Adedeji, had prayed to the court to grant their client bail but was opposed by Osobu of the prosecution, who claimed that the defendant was not competent to be granted bail.
Defence lawyer Adedeji urged the court to admit his client to bail pending his trial, saying he (Farotimi) remains innocent until proven guilty of the charge.
“The offences alleged are bailable, and he is of a fixed address. He is a lawyer called to the Nigerian Bar with 25 years of unblemished career. The defendant will always make himself available whenever the country requires his presence.
“A 13-page affidavit supports the application. So, the court should consider him for bail; it is a bailable offence, not a criminal offence.”
Adedeji also prayed the court to discount the prosecution’s 7th count of the counter affidavit, stating that their client has no fixed address.
The prosecutor, Osobu, said they oppose the bail application with a 16-paragraph affidavit and rely on all counts.
He alleged that the defendant had once admitted to evading arrest and might do the same if admitted to bail.
“The application has no fixed address. He is a social media influencer whose followers intimidate our witnesses despite being in remand. He does not believe in leadership and the rule of law, even in his book. He would run away if granted bail, and no surety would stand for him.
“We urged the court to refuse the bail application. The applicant needs to merit it. He is incompetent.’
In his short ruling, the presiding Magistrate, Abayomi Adeogun, ordered that the Farotimi be returned to the correctional facility and adjourned the case until December 20, 2014.
On Monday, an Ado Ekiti federal high courtgranted bail to the defendant for N50 million and adjourned the case until January 29, 2025.
