Dele Farotimi, a well-known Lagos lawyer and human rights activist, is challenging the defamation charges filed against him. On Monday, ahead of a court hearing set for Tuesday, Farotimi submitted a request asking the Ado Ekiti Magistrate Court to throw out the case.
Farotimi was granted bail of N50 million earlier this week, and his legal team, led by Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, filed a preliminary objection on his behalf.
In the objection, which was filed on December 9, 2024, Farotimi’s lawyers argued that the charges against him were legally flawed and should be dismissed. They referenced several sections of the Nigerian Constitution and Ekiti State laws to support their argument.
The five main points of the objection are:
- The charges refer to offences under the old Criminal Code Act, which is no longer applicable in Ekiti State.
- The Criminal Code Act was replaced by the Criminal Law of Ekiti State, 2021, which makes the old charges irrelevant.
- The specific defamation charges involving Aare Afe Babalola and others do not exist under the current criminal laws in Ekiti State.
- The charges are invalid, meaning the magistrate acted improperly by allowing the case to proceed and ordering Farotimi’s detention.
- The magistrate did not have the jurisdiction to handle the case since the charges were not legally valid.
Farotimi’s legal team is urging the court to dismiss the case, arguing that the charges against him are not supported by the law and cannot stand in court.
The court will make a decision on the objection during the upcoming hearing.
