Farotimi Files Objection, Demands Case Dismissal

Lawyer and activist Dele Farotimi has submitted a preliminary objection to the defamation charge brought against him at the Ado Ekiti Magistrate Court.

This objection, filed on December 9, 2024, asks the court to dismiss the case, claiming it is invalid and lacks legal foundation.

Farotimi’s defense team is led by Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, along with 19 other lawyers, including three additional SANs: Festus Emiri, Bamidele Ibironke, and Segun Ololade.

The objection is supported by provisions from the Nigerian Constitution, the Criminal Law of Ekiti State, and relevant sections of the Magistrates Courts Law of Ekiti State.

The defense raised five key arguments in the objection: 

1. The charges are based on the “Criminal Code Act,” which is no longer applicable in Ekiti State. 

2. The Criminal Code Act was previously adopted as the Criminal Code Law of Ekiti State but was repealed by the 2021 Criminal Law of Ekiti State. 

3. Section 429(a) of the 2021 Criminal Law expressly replaces and repeals the 2012 Criminal Code Law. 

4. The defamation allegations involving Aare Afe Babalola, SAN, and his associates are not recognized as crimes under the 2021 Criminal Law. 

5. The Magistrate acted without jurisdiction by accepting the charges, arraigning Farotimi, and ordering his detention based on an invalid case.

Farotimi’s legal team contends that the charges are legally non-existent and that the court has no jurisdiction to proceed with the case. The objection seeks to have the charges struck out entirely.

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