Farotimi Asks Court To Strike Out Defamation Suit

The preliminary objection, dated December 9, 2024, was filed by Farotimi’s counsel, Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, who leads a team of 19 other lawyers.

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The objection is brought under various legal provisions, including Section 36(8) of the Constitution of the Federal Republic of Nigeria, 1999; Section 4(1) of the Criminal Law of Ekiti State; Sections 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 (No. 5, 2014) of Ekiti State.

In his application, Farotimi raises five grounds of objection, arguing that the defamation charge before the Magistrate Court is legally invalid, non-existent, and that the court lacks jurisdiction to entertain it.

The five grounds are:

1. The 16-count charge before the court pertains to alleged offences under the Criminal Code Act.
2. The Criminal Code Act was applicable in Ekiti State only by adoption and/or domestication as the Criminal Code Law, Cap. C16, Laws of Ekiti, 2012.
3. 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 C16, Laws of Ekiti, 2012, has been replaced and expressly repealed by Section 429(a) of the Criminal Law of Ekiti State, 2021.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. The alleged crime of defamation, as detailed in the charge against Farotimi (involving Aare Afe Babalola, SAN, OFR, two of his partners, Olu Daramola, SAN, Olu Faro, and the law firm Afe Babalola & Co.), is not recognized under the Criminal Law of Ekiti State, 2021 and is, therefore, non-existent.
5. As a result, the Honourable Magistrate acted without jurisdiction by accepting the charge, permitting Farotimi’s arraignment, and ordering his detention based on an incompetent charge.

In addition to Senior Advocate Olumide-Fusika, Farotimi’s legal team includes three other senior advocates—Festus Emiri, Bamidele Ibironke, and Segun Ololade—as well as 16 other legal practitioners.