…Orders him not to grant media interviews
The Chief Magistrate Court, sitting in Ado-Ekiti, Ekiti State capital, has granted bail to the human rights lawyer and activist, Dele Farotimi, in the alleged defamation suit against him by the police.
Farotimi was arrested on December 3, 2024, in Lagos by operatives of the Ekiti State police command over allegations of defamation against him.
He was accused in a 14-count charge of defaming a renowned lawyer and founder of Afe Babalola University Ado-Ekiti (ABUAD), Aare Afe Babalola, SAN, in his book titled, ‘Nigeria and its Criminal Justice System,’ where he alleged that Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients.
In the last two court sessions on December 4 and 10, the court could not grant the defendant bail and remanded him in prison after opposition by the prosecuting counsel, Samson Osobu, who alluded that Farotimi is a flight risk if granted bail.
During the proceeding on Friday, the Chief Magistrate, Abayomi Adeosun, while granting the bail application by the defence counsel, said the offence of defamation preferred against Farotimi is bailable despite taking note of the issues raised by the prosecuting counsel.
He ordered that Farotimi must provide a N30 million bond with two sureties who are responsible citizens of the country, with one of them a house owner in Ado-Ekiti.
The court also barred Farotimi from granting media interviews or making comments on the issue pending the determination of the substantive suit in the court, and that he should submit his international passport.
The head of the defence counsel, Adejare Kembi, informed the court that the defendant’s international passport has been dropped at the Federal High Court earlier as part of his bail conditions on a different suit on alleged cybercrime against him.
The magistrate ruled that the defence team should provide a written document from the registrar of the Federal High Court confirming the receipt of the passport.
He said, “I have taken note of the fear of the prosecution counsel that he is a flight risk, and I have balanced it with the fact that the alleged offence is still a bailable one, and I decided to grant the application on the promise that the defendant will promptly appear for the case.”
“Bail is therefore granted to the defendant on the following conditions: N30 million bond; the defendant shall produce two sureties who should be responsible individuals in Nigerian society, one of whom must be a house owner in the metropolis of Ado-Ekiti.
“He shall submit his international passport and refrain, in the meantime, from media interviews or comments whatsoever, whether in the electronic or print media, during the course of the case.”
Adeosun, before adjourning the trial of the case till February 13, 2025, ruled on the pending application on the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fusika, for the defendant in the court.
Citing the principle of judicial precedent relating to the judgement of the Ibadan Division of the Appeal Court on the case between the Commissioner of Police and Bamgboye, the court ruled that senior lawyers (SAN) are not permitted to appear at the Magistrate Court.
Speaking with newsmen, Kembi, while commending the ruling on the bail application, said the defence team would work towards perfecting the bail conditions in record time for the defendant to have his freedom from prison custody.
The lead counsel to the nominal complainant (Afe Babalola), Owoseni Ajayi, said the team alongside the prosecuting counsel would run the case, adding that, “the defendant has scandalised not only Chief Afe Babalola, SAN, but the entire judiciary; this is a heavy allegation against him that he must defend.”
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