Lagos-based lawyer and human rights activist, Dele Farotimi, has filed a preliminary objection urging the Ado Ekiti Magistrate Court to dismiss the defamation suit against him.
The request, submitted on Monday, precedes Tuesday’s scheduled hearing on the matter.
Farotimi, who had been granted a N50 million bail earlier, filed the objection through his legal team led by Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, alongside 19 other lawyers.
The objection, dated December 9, 2024, was anchored on multiple legal provisions, including Section 36(8) of the 1999 Constitution of Nigeria, relevant sections of the Criminal Law of Ekiti State, and the Magistrates Courts Law of Ekiti State.
Farotimi’s objection is built on five key grounds, arguing that the charges against him are legally baseless, non-existent, and beyond the magistrate’s jurisdiction. The grounds include:
1. Invalid Reference to the Criminal Code Act: The charges allege offenses under the Criminal Code Act, which is no longer applicable in Ekiti State.
2. Repeal of the Criminal Code Law: The applicable Criminal Code Law in Ekiti State, Cap. C16, Laws of Ekiti 2012, has been repealed by the Criminal Law of Ekiti State, 2021, under Section 429(a).
3. Non-existent Charges: The alleged crime of defamation concerning Aare Afe Babalola, SAN, and his associates, as outlined in the 16-count charge, is not recognized under the current Criminal Law of Ekiti State, 2021.
4. Jurisdictional Error: The magistrate lacked the jurisdiction to entertain the charges, as they were filed under an invalid law.
5. Incompetent Charge: The arraignment and subsequent detention of Farotimi were based on a legally defective charge.
Farotimi contends that the charges, which accuse him of defaming Aare Afe Babalola and other legal professionals, are baseless under the 2021 Criminal Law of Ekiti State. He asserts that the magistrate acted without legal authority by proceeding with the case.
