Lagos-based lawyer and activist Dele Farotimi has filed a preliminary objection challenging the defamation charges against him at the Ado Ekiti Magistrate Court.
Represented by a formidable legal team led by Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika and supported by three additional SANs and 16 other lawyers, Farotimi seeks to have the case struck out on the grounds of incompetence and lack of jurisdiction.
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EKO HOT BLOG reports that the objection, submitted on December 9, 2024, rests on five legal points. It argues that the 16-count defamation charge is based on the Criminal Code Act, which was repealed and replaced by the Criminal Law of Ekiti State in 2021.
Consequently, Farotimi claims the alleged offences, including defamation against Aare Afe Babalola, SAN, and his associates, are legally non-existent.
The objection contends that the magistrate court acted beyond its jurisdiction by proceeding with the arraignment and ordering Farotimi’s detention on the flawed charge.
It cites specific legal provisions, including Section 429(a) of the 2021 Criminal Law of Ekiti State, which expressly repealed the prior Criminal Code Law of 2012.
Farotimi’s legal team emphasized that the defamation claims are not recognized under the current criminal law framework in Ekiti State. The objection calls for the dismissal of the charges, describing the proceedings as legally baseless.
The case has drawn widespread public interest, with reactions from prominent figures and groups, including calls for Farotimi’s release and criticisms of the legal system’s handling of the matter.
The outcome of the objection will likely set a significant legal precedent concerning the application of outdated laws in criminal proceedings.
Farotimi’s supporters, including members of the civil society and legal community, have rallied behind him, demanding justice and urging the courts to uphold the rule of law.
The case continues to draw attention as a critical test of Nigeria’s judicial integrity.
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