Dele Farotimi remains in custody as court postpones bail hearing to December 20

Human rights lawyer Dele Farotimi will remain in prison custody until December 20, 2024, after Justice Abayomi Adeosun of the Ado-Ekiti Magistrate Court adjourned his bail hearing.

Farotimi faces 16 counts of alleged defamation against Chief Afe Babalola, a prominent legal luminary.

The charges stem from claims made in Farotimi’s book, Nigeria and its Criminal Justice System, which Babalola contends defamed his character.

Farotimi, who pleaded not guilty during his arraignment last week, maintains that the allegations are unfounded.

At Tuesday’s hearing, a legal dispute arose over Farotimi’s representation. Prosecuting counsel Samson Osobu objected to the appearance of Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, referencing a July 2024 Court of Appeal judgment barring SANs from representing clients in Magistrate Courts.

Olumide-Fusika argued otherwise, stating that Ekiti State’s Magistrate Court laws permit any legal practitioner to appear in criminal cases.

“The restriction cited by the prosecution does not apply in this jurisdiction,” he told the court.

Justice Adeosun deferred ruling on the prosecutor’s objection, citing the need to review the judgment in question.

Pending that decision, Olumide-Fusika stepped down from the case, and Barrister Taiwo Adedeji assumed the defence.

Farotimi’s bail application hearing is set for December 20, with Justice Adeosun ordering his continued remand in prison custody.

The defamation case has drawn national attention and remains a focal point for debates on freedom of expression and legal restrictions on senior advocates.