Our reporter/ A Federal High Court sitting in Ado-Ekiti, Ekiti State on Monday granted bail to rights activist and legal practitioner, Dele Farotimi.
The court granted him bail for ₦50m with a surety in the same amount. The surety must also provide a landed property as collateral.
The African Action Congress (AAC) in the 2023 election, Omoyele Sowore, disclosed the court’s decision via his X handle on Monday.
“The first hurdle was crossed. #DeleFarotimi was granted bail of N50 million surety in the like sum with someone with landed property. The case was adjourned to January 29, 2025,” he wrote.
Other bail conditions as granted by the court are that the surety must be resident in Ekiti and possess three years of tax clearance with a property within Ekiti.
The surety is to deposit the title deed of the property with the registrar of the court. S/he and the defendant must also submit four recent passport pictures to the court.
The defendant, Farotimi, is to also deposit his passport with the registrar of the court.
Last Friday, the police filed a fresh 12-count charge against Farotimi, aged 56, before the Federal High Court, Ado-Ekiti.
The charge was filed three days after his arraignment and remand on an initial 16-count charge of criminal defamation before a Chief Magistrate Court also in Ado-Ekiti. He had pleaded not guilty to that charge.
In Count 1 of the first charge, Farotimi is alleged to have on 28th August 2024 knowingly and intentionally transmitted communication in an online interview and restated information published in his book titled: “Nigeria and its Criminal Justice System” wherein he stated in the interview that: “Aare Afe Babalola corrupted the judiciary” which information he knew to be false information to cause a breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.
Meanwhile Dele Farotimi has filed a preliminary objection asking the Ado Ekiti Magistrate Court to strike out the suit.
The preliminary objection dated December 9, 2024, was filed through his lawyer, Senior Advocate of Nigeria, Adeyinka Olumide-Fusika, leading 19 others.
It was brought under Section 36(8) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999, SECTIONS 4(1) OF THE CRIMINAL LAW OF EKITI STATE, SECTION 77 (10(a), 147 AND 370 OF THE EKITI STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2014) and SECTIONS 25 AND 42 OF THE MAGISTRATES COURTS LAW (N0.5, 2014) OF EKITI STATE.
In the five grounds of the objection, Farotimi contends among other things that the charge before the magistrate court is unknown to law, non-existent and that the magistrate acted without jurisdiction on an incompetent charge.
Specifically, the five grounds of the application are:
(1) that the 16 count charge before the magistrate court refers to alleged offences contrary to and punishable under the”Criminal Code Act”.
(2) that the Criminal Code Act was a law applicable by adoption and/or domestication in Ekiti State of the Federal Republic of Nigeria as the Criminal Code Law, Cap. C16. Laws of Ekiti, 2012.
(3) that the Criminal Code Law, Cap. C16, Laws of Ekiti, 2012 has been replaced and expressly repealed by Section 429 (a) of the Criminal Law of Ekiti State, 2021.
(4) that the crime of defamation of Aare Afe Babalola, SAN, OFR, and two of his partners, Olu Daramola, SAN, Olu Faro and the law firm of Afe Babalola & Co., alleged and particularised in all said counts of the Charge, and upon which the Defendant was arraigned and unwittingly ordered detained in prison by the – Honourable Magistrate, is unknown to and are non-existent in the
Críminal Law of Ekiti State, 2021.
(5) In the premise, the Honourable Magistrate acted without jurisdiction when he countenanced the Charge, allowed the arraignment of the Defendant, and ordered his detention in prison upon the said incompetent charge.
Apart from the Senior Advocate of Nigeria, Yinka Olumide-Fusika, who is leading the defence team for Farotimi, the team also has three other senior advocates: Festus Emiri, Bamidele lbironke, Segun Ololade as well as 16 other legal practitioners.
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