The prosecuting counsel in the criminal defamation case against human rights lawyer Dele Farotimi has contested the participation of Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, at the Magistrate Court in Ado-Ekiti.
Farotimi faces charges of criminal defamation arising from allegations in his book, "Nigeria and Its Criminal Justice System," which accuses Aare Afe Babalola, founder of Afe Babalola University, Ado-Ekiti, of influencing Supreme Court judges. Babalola deemed the book's content defamatory and initiated legal action.
During the resumed hearing on Tuesday, prosecuting counsel Samson Osobu argued that under Nigerian law, a SAN cannot represent a defendant in a Magistrate Court. He cited a July 16, 2024, Court of Appeal judgment in Ibadan, which purportedly upheld this position.
Olumide-Fusika, however, contended that the Ekiti State Magistrate Court Law allows all lawyers, regardless of rank, to appear in criminal cases. He urged the court to disregard the cited judgment, asserting that it may not reflect the provisions of magistrate court laws in all states.
Chief Magistrate Abayomi Adeosun deferred ruling on the matter to examine the cited judgment. Pending his decision, the SAN was instructed to step down, and Barrister Taiwo Adedeji, the most senior lawyer on Farotimi’s team, took over representation temporarily.
The court proceedings addressed other pending issues, including Farotimi’s bail application. Magistrate Adeosun adjourned the case to December 20, 2024, to hear the bail application and ordered that Farotimi remain in custody.
The case underscores ongoing debates about legal representation limits and the intersection of procedural law with state-specific statutes.
