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ACCUSED CYBERBULLYING: THE REASON THE JUDGE REFUSED FAROTIMI’S RELEASE

An Ekiti State Magistrates’ Court in Ado Ekiti, on Tuesday, sent lawyer and activist, Dele Farotimi, back to prison after the police vehemently opposed his application for bail, accusing him of intimidating witnesses.

In his book “Nigeria and its Criminal Justice System,” Farotimi accused Chief Afe Babalola, SAN, of influencing Supreme Court judges. He was arrested in Lagos and taken to Ekiti State, where he was charged with 16 counts of defamation.

He entered a not guilty plea to every accusation.

His attorney argued for generous bail terms, claiming the assumption of innocence, while the police prosecutor asked that he be placed under remand in prison custody until additional investigation.

Adeyinka Olumide-Fusika, SAN, the defendant’s attorney, stated that a SAN does not have the authority to attend on behalf of the prisoner, according to Samson Osobu, the police counsel.

Citing the case of Abiodun Bamigboye vs. COP with Appeal No. CA/IP/2256C/2021, in which it was decided that no SAN has the constitutional right to appear in or file any process in an inferior court, he reminded the court of the Magistrate’s Law of 2014 (as amended).

Olumide-Fusika, for his part, referred to the Oyo Magistrate’s statute, which clarified that any trained attorney may attend in court, particularly if the case involves criminal charges and the defendant or suspect has the right to a legal representative.

But Olumide-Fusika was ordered to resign by Abayomi Adeosun, the sitting magistrate. Another attorney who is not a SAN proceeded concurrently, and the court made its decision after considering the arguments.

In his application for the defendant’s bail, Taiwo Adeniji, who succeeded Olumide-Fusika, stated that the defendant’s offenses are subject to bail under Act 6 of the African Charter and People’s Rights and section 36(5) of the 1999 Nigerian constitution (as modified). According to him, the bail request is unfounded and based on rumors.

Osobu emphasized that the prisoner does not deserve bail and that the application is flawed and illegitimate, and he encouraged the court to examine the bail application that was filed.

The presiding magistrate, Abayomi Adeosun, deferred the bail application to December 20 due to a prolonged argument between the two counsel and the defendant’s lawyer.

Support groups clash within the court premises.

Shortly after the court sessions, some supporters battled outside the courtroom, accusing the court of breaking the rule of law.
While a pro-Afe Babalola group warned the opposing party not to be a nuisance, Farotimi’s supporters promised to conduct a protest as soon as they arrived in Lagos state to demand the release of the human rights activist.