Farotimi Responds To Defamation Case In Ado Ekiti With Preliminary Objection

Farotimi Responds To Defamation Case In Ado Ekiti With Preliminary ObjectionLagos-based lawyer and activist, Dele Farotimi, has filed a preliminary objection ahead of a defamation charge brought against him, requesting that the Ado Ekiti Magistrate Court strike out the suit.

The objection, submitted on December 9, 2024, was filed by Farotimi’s legal team, headed by Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, along with 19 other legal practitioners. The defence team also includes three other Senior Advocates—Festus Emiri, Bamidele Ibironke, and Segun Ololade—supported by 16 additional lawyers.

The objection was filed under various provisions of Nigerian and Ekiti State laws, including Section 36(8) of the Constitution of the Federal Republic of Nigeria, Section 4(1) of the Criminal Law of Ekiti State, and Sections 25 and 42 of the Magistrates Courts Law of Ekiti State.

In the five grounds of his objection, Farotimi argues that the charge against him is legally flawed, non-existent, and that the magistrate court acted without jurisdiction. Specifically, the grounds are as follows:

1.The 16-count charge before the magistrate court refers to alleged offences punishable under the Criminal Code Act, which is not applicable in Ekiti State.

2.The Criminal Code Act was adopted and domesticated in Ekiti State as the Criminal Code Law, Cap. C16, Laws of Ekiti, 2012.

3.The Criminal Code Law, Cap. C16 was repealed by Section 429(a) of the Criminal Law of Ekiti State, 2021.

4.The alleged crime of defamation involving Aare Afe Babalola, SAN, and others, as detailed in the charges, does not exist under the Criminal Law of Ekiti State, 2021.

5.The magistrate acted without jurisdiction by accepting the charge, allowing Farotimi’s arraignment, and ordering his detention based on the said defective charge.

Farotimi’s legal team is now seeking the dismissal of the case, arguing that the charges are legally invalid and beyond the court’s jurisdiction.

For more information on this article and other related posts from Bushradiogist, please join our WhatsApp channel by clicking this link https://whatsapp.com/channel/0029VaUumOODTkK7AZL1Fw3o. For advertisement inquiries only, kindly send a message to 090 1907 0863 on WhatsApp.