The Magistrate Court hearing the bail application of Dele Farotimi in Ekiti State on Friday ordered the human rights activist and lawyer to drop his international passport with the court.
TheNewsGuru.com (TNG) reports Farotimi is facing charges of defamation of Chief Afe Babalola, a Senior Advocate of Nigeria, in his book, titled, “Nigeria and Its Criminal Justice System” at the court.
The Magistrate Court ordered Farotimi to drop his international passport with the court as part of the conditions that must be met for his bail.
The Chief Magistrate, Abayomi Adeosun had denied Farotimi bail and adjourned the case on December 10th to hear the bail application today.
The police counsel, Mr Samson Osobu had submitted that a Senior Advocate of Nigeria (SAN), under the law, could not represent a defendant at the Magistrate’s Court.
This came, as Mr Osobu, opposed the appearance of Mr Adeyinka Olumide-Fasuka SAN for the defence of Farotimi at the Ado Magistrate’s Court.
He cited a recent judgement of a court of Appeal in Ibadan, Oyo State, delivered on July 16, where the court ruled that a SAN could not appear before the magistrate court.
However, Adeyinka Olumide-Fasuka SAN, explained that the Ekiti Magistrate Court Law, enacted by the state House of Assembly, allowed lawyers, irrespective of status and title, to appear in the court, especially in criminal matters as it related to the suit against the defendant.
He urged the court to reject the argument of the prosecution lawyer, noting that the judgement cited, might not have put into consideration all magistrate court laws across the country.
Responding on the matter, the Chief Magistrate said he would step down his ruling on the matter, in order for him to read the judgement, cited by the prosecutor.
He consequently ordered the Senior Advocate of Nigeria to step down, and allow the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter.
A lawyer, Taiwo Adedeji, subsequently took over the case from Fasuka as the legal representative of Farotimi.
At the resumed hearing on the bail application today, Adeosun, before granting Farotimi bail, ruled that Olumide Fusika, SAN, is prohibited from appearing before the court, citing Section 9 of the Magistrate’s Courts Law, 2014.
Granting Farotimi bail, the Chief Magistrate ruled that other conditions of the bail include: a 30 million bond, two sureties (one of whom must be a property owner) and a prohibition on granting media interviews.