The Chief Magistrate Court in Ado-Ekiti, Ekiti State, has granted embattled human rights lawyer, Dele Farotimi, bail in the sum of N30 million after being charged with 14 counts of defamation.
Presiding over the case, Chief Magistrate Abayomi Adeosun ordered that Farotimi provide two sureties, one of whom must own property in Ado-Ekiti, as part of the bail conditions.
Farotimi was arrested on December 3, 2024, in Lagos by operatives of the Ekiti state police command over allegations of defamation against him.
He was accused in a 14-count charge of defaming a renowned lawyer, Chief Afe Babalola, SAN in his book titled, ‘Nigeria and its Criminal Justice System’ where he alleged that Babalola corrupted the Supreme Court to procure a fraudulent judgement in the service of his clients.
In the last two court sessions on December 4 and 10, the court could not grant the defendant bail and remanded him in prison after opposition by the prosecuting counsel, Samson Osobu alluding that Farotimi is a flight risk if granted bail.
During the proceeding on Friday, the Chief Magistrate, Abayomi Adeosun while granting the bail application by the defence counsel said the offence of defamation preferred against Farotimi is bailable despite taking note of the issues raised by the prosecuting counsel.
He ordered that the Farotimi must provide a N30 million bond with two sureties who are responsible citizens of the country with one of them a house owner in Ado-Ekiti.
The court also barred Farotimi from granting media interviews or making comments on the issue pending the determination of the substantive suit in the court, and that he should submit his international passport.
The head of the defence counsel, Barr. Adejare Kembi informed the court that the defendant’s international passport has been dropped at the Federal High Court earlier as part of his bail conditions on a different suit on alleged cybercrime against him.
The magistrate ruled that the defence team should provide a written document from the Registrar of the Federal High Court confirming the receipt of the passport.
He said: “I have taken note of the fear of the prosecution counsel that he is a flight risk and I have balanced it with the fact that the alleged offence is still a bailable one and I decided to grant the application on the promise that the defendant will promptly appear for the case.
“Bail is therefore granted to the defendants on the following conditions; N30 million bond, the defendants shall produce two sureties who should be responsible individuals in the Nigerian society, one of which must be a house owner in the metropolis of Ado-Ekiti.
“He shall submit his international passport and refrain in the meantime, media interviews or comments whatsoever whether in the electronic or print media during the course of the case.
Adeosun before adjourning the trial of the case till February 13, 2025 ruled on the pending application on the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fusika for the defendant in the court.
Citing the principle of judicial precedent relating to the judgement of Ibadan division of Appeal court on the case between commissioner of police and Bamgboye, the court ruled that senior lawyers (SAN) are not permitted to appear at the Magistrate court.
Speaking with newsmen, Kembi while commending the ruling on the bail application, said the defence team would work towards perfecting the bail conditions in record time for the defendant to have his freedom from the prison custody.
The lead counsel to the nominal complainant (Afe Babalola) Owoseni Ajayi said the team alongside the prosecuting counsel to run the case adding that, “the defendant has scandalize not only Chief Afe Babalola but the entire judiciary, and this is heavy allegation against him that he must defend.”
