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Human rights lawyer Dele Farotimi has filed a preliminary objection, requesting the Ado Ekiti Magistrate Court in Ekiti State to dismiss the defamation suit brought against him by Afe Babalola (SAN).
The preliminary objection, submitted on December 9, 2024, ahead of the court’s hearing the following day, was presented through Farotimi’s lead counsel, Adeyinka Olumide-Fusika (SAN), who heads a team of 19 lawyers.
Farotimi’s objection is grounded in several legal provisions, including Section 36(8) of the 1999 Nigerian Constitution, Section 4(1) of the Criminal Law of Ekiti State, and various sections of the Ekiti State Administration of Criminal Justice Law (2014). It challenges the legality of the charge and argues that the magistrate overstepped their jurisdiction by accepting an invalid charge.
The objection raises five main points: Firstly, the 16-count charge relates to offenses under the “Criminal Code Act,” which is applicable in Ekiti State under the local version, the Criminal Code Law, Cap. C16, Laws of Ekiti, 2012. However, this law was repealed and replaced by Section 429(a) of the Criminal Law of Ekiti State, 2021. Secondly, the alleged defamation of Afe Babalola, SAN, his partners, and the law firm Afe Babalola & Co., as detailed in the charges, is not recognized under the Criminal Law of Ekiti State, 2021, rendering the charges non-existent.
Farotimi argues that the magistrate acted without jurisdiction by allowing the case to proceed and ordering his arraignment and detention. Farotimi’s defense team includes lead counsel Yinka Olumide-Fusika (SAN), senior advocates Festus Emiri, Bamidele Ibironke, Segun Ololade, and 16 other legal professionals.
