The embattled Lagos-based lawyer and human rights activist, Dele Farotimi has filed a preliminary objection asking the Ado Ekiti Magistrate Court to strike out the suit.
Farotimi made the request on Monday ahead of Tuesday’s
hearing of the defamation charge against him.
Recall that the human rights activist was granted N50
million bail on Monday.
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 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
(No 5,2014) of Ekiti State.
In the five grounds of the objection, Farotimi argued, among
other things, that the charge before the magistrate court was unknown to law,
non-existent and that the magistrate acted without jurisdiction on an
incompetent charge.
Specifically, the five grounds of the application are:
“That the 16 count charge before the magistrate court refers
to alleged offences contrary to and punishable under the”Criminal Code Act”.
“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.
“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has been replaced and expressly repealed by Section 429 (a) of the Criminal Law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.
“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
CrÃminal Law of Ekiti State, 2021.
“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.”
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