Lagos Lawyer and Activist Dele Farotimi Files Preliminary Objection to Defamation Charge
Ahead of the scheduled hearing of a defamation charge against him, Lagos-based lawyer and activist, Dele Farotimi, has filed a preliminary objection, urging the Ado Ekiti Magistrate Court to strike out the defamation suit. Farotimi, who is facing a criminal defamation charge brought by prominent lawyer Aare Afe Babalola, SAN, and his law firm, is challenging the validity of the charge on several grounds.
The objection, filed on December 9, 2024, was submitted by Farotimi’s legal team, led by Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, alongside a team of 19 other legal practitioners. The defence team also includes three other Senior Advocates of Nigeria—Festus Emiri, Bamidele Ibironke, and Segun Ololade—backed by an additional 16 lawyers.
The preliminary objection was brought under multiple legal provisions, including Section 36(8) of the 1999 Constitution of Nigeria, Section 4(1) of the Criminal Law of Ekiti State, and various sections of the Ekiti State Administration of Criminal Justice Law, 2014, and the Ekiti State Magistrates Courts Law, 2014.
In the document, Farotimi’s legal team presents five key grounds for the objection. Central to their argument is the assertion that the charge brought before the magistrate court is “unknown to law” and “non-existent,” and that the magistrate acted beyond the court’s jurisdiction in entertaining the charge.
Grounds of the Objection
- Inapplicable Law: Farotimi’s defence argues that the 16-count charge, which accuses him of offences related to defamation, cites provisions from the Criminal Code Act. However, they contend that the Criminal Code Act is no longer the applicable law in Ekiti State, as it has been replaced by the Criminal Law of Ekiti State, 2021.
- Obsolete Legislation: The objection further claims that the Criminal Code Act was adopted and domesticated into Ekiti State law as the Criminal Code Law, Cap. C16, Laws of Ekiti State, 2012. However, this law has since been repealed and replaced by the Criminal Law of Ekiti State, 2021, which the defence argues should govern any criminal charges in the state.
- Replaced Legislation: The objection points out that the Criminal Code Law, Cap. C16, which was previously applicable, was expressly repealed under Section 429(a) of the Criminal Law of Ekiti State, 2021. This repeal, the defence argues, renders the reliance on the Criminal Code Law in the charge legally flawed and outdated.
- Non-Existent Offences: Farotimi’s legal team also argues that the crime of defamation, as it pertains to Aare Afe Babalola, SAN, and his law firm, is not recognized or codified in the Criminal Law of Ekiti State, 2021. They contend that the alleged offence and the specific charges laid out in the case are not provided for in the current legal framework of the state, making them “non-existent” under the applicable law.
- Jurisdictional Overreach: The final ground of the objection asserts that the Honourable Magistrate, by allowing the arraignment of Farotimi and ordering his detention in prison, acted beyond the court’s jurisdiction. According to the defence, the charge was incompetent from the outset, and the magistrate should not have proceeded with the case under such circumstances.
Background of the Case
The defamation charge against Farotimi stems from comments he allegedly made about Aare Afe Babalola, SAN, and two of his partners, Olu Daramola, SAN, and Olu Faro. Farotimi is accused of making defamatory statements that harmed the reputations of these individuals and their law firm, Afe Babalola & Co. The charge has sparked controversy, with many observers questioning its merits and the timing of the legal action.
Farotimi’s objection to the charge is seen as a significant challenge to the suit, with his legal team arguing that the proceedings against him are both procedurally and substantively flawed. The outcome of the objection will likely determine the future direction of the case and could set an important legal precedent regarding the application of criminal defamation laws in Ekiti State.
As the legal process continues, Farotimi and his team are poised to vigorously defend against the charges, and the court will soon rule on whether the defamation suit should proceed or be dismissed in light of the preliminary objections raised.
