Adebayo Adenrele
The Magistrate Court sitting in Ado-Ekiti, Ekiti state on Tuesday has denied the human rights activist, Dele Farotimi bail.
The Lagos based lawyer was earlier arraigned before the court for defaming the founder of Afe Babalola University, Ado-Ekiti (ABUAD), Aare Afe Babalola.
In his argument, counsel to the police, Samson Osobu said Adeyinka Olumide-Fusika, SAN, who is the lawyer of the defendant does not have the right to appear as representative of the defendant.
Osobu reminded the court of the Magistrates law of 2014 as amended, citing a case of Abiodun Bamigboye vs COP with Appeal No CA/IP/2256C/2021, where an agreement was reached that no SAN has the constitutional right to appear or file any process in an inferior court.
On his part, Olumide-Fusika cited the Oyo Magistrate’s law, which explained that any qualified Lawyer can appear in the court majorly if the matter is related to criminal cases and any suspect or defendant is entitled to any legal representative in court.
However, the presiding magistrate, Abayomi Adeosun asked Olumide-Fusika to step down, while another lawyer who is not a SAN proceed, while the court decide on the basis of the argument afterwards.
Taiwo Adeniji, who took over from Olumide-Fusika submitted an application for bail of the defendant, saying the defendant’s offences are bailable, according to section 36 (5), of the 1999 Nigerian constitution, as amended, and Act 6 of African Charter and People’s Rights.
On the contrary, the counsel to the police, Osubu submitted an amended 14-count charges against the defendant, all of which Farotimi pleaded not guilty.
He said the bail application is based on hearsays and lack actual facts.
Osobu urged the court to review the bail application submitted before the court, stressing that the defendant doesn’t merit it and that the application is incompetent and irregular.
In his ruling, the presiding magistrate, Abayomi Adeosun adjourned bail application to December 20 as a result of prolonged disagreement between the counsel and the lawyer of the defendant, while Farotimi was sent back to prison.
Shortly after the court proceedings, some support groups clashed outside the court room, alleging the court of violating the rule of law.
While pro-Afe Babalola group confronted the opposing party not to constitute any nuisance, Farotimi’s side pledged to stage the protest as soon as they get to Lagos state for the release of the human rights activist.