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By, John Paul.
An Ekiti State Magistrates’ Court in Ado Ekiti, on Tuesday, sent lawyer and activist, Dele Farotimi, back to prison.
Following his arrest in Lagos State last Tuesday, the police took Farotimi to Ekiti State and arraigned him last Wednesday before the Ado Ekiti magistrates’ court where he pleaded not guilty to the charges.
Last week, the magistrate, Abayomi Adeosun, rejected an oral bail application by Farotimi’s lawyer, insisting that a formal bail application should be filed and adjourned till December 10.
At the resumed hearing on Tuesday, the defence counsel, Taiwo Adedeji, urged the magistrate to admit his client to bail, noting that the offence against him is bailable.
The alleged offences are bailable. Again, the defendant should be considered innocent until the contrary is proved.
“The defendant is a lawyer with a fixed address with 25 years unblemished record and his name is on the roll of legal practitioners of the Supreme Court and others.
The defendant has undertaken to make himself available whenever his attention is needed,” Adedeji said.
He urged the court to discountenance all that was contained in the prosecution’s counter-affidavit and grant bail to the defendant.
The reasons for denying him bails are :
(1.) The police vehemently opposed his application for bail, accusing him of intimidating witnesses.
The police prosecutor also described the defendant as “a social media influencer, who, despite being brought to this court, has been intimidating our witnesses, nominal complainant.”
(2.) The prosecuting counsel for the police, Samson Osodu, vehemently opposed the bail application, contending that Farotimi would likely jump bail.
(3.) According to the prosecutor, Farotimi had also said many times that he does not believe in the judicial system.
(4.) It was also argued that “The affidavit brought by the defendants is not competent because it was deposed to by a litigation clerk.”
Earlier, Osodu had opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fusika, to defend Farotimi.
Police prosecuting counsel, Samson Osobu, opposed the appearance of a Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, for the defendant.
Osobu told the court that the SAN, Olumide-Fusika, under the law, cannot appear before a magistrate’s court.
He cited a July 16, 2024 judgment of a Court of Appeal in Ibadan, Oyo State, to buttress his position.
But in his submission, Olumide-Fusika explained that the Ekiti State magistrate court law allows lawyers, irrespective of status and title, to appear in magistrate’s court, especially in criminal matters.
The senior advocate urged the court to reject the argument by the prosecuting lawyer, noting that the verdict he cited might not have put into considerations all magistrate court laws across the country.
The magistrate said he would step down his ruling in order to read the judgment cited by the prosecutor.
He, however, asked Olumide-Fusika to step down and allow the most senior lawyer in the defendant’s team to continue the case.
A member of the defence team, Taiwo Adedeji, continued the case on behalf of Farotimi.
The magistrate adjourned till December 20 to rule on whether or not to admit Farotimi to bail following the stiff opposition by the police.
