The police prosecuting counsel has opposed the appearance of Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fasuka in the ongoing criminal defamation trial against Dele Farotimi.
Farotimi, a human rights lawyer and activist, is facing charges at the Ekiti State Magistrate Court over alleged defamation of legal luminary Afe Babalola. The claim is based on content in his book, Nigeria and Its Criminal Justice System.
During proceedings on Tuesday, Police counsel Samson Osobu argued that the law does not permit a SAN to represent a defendant in a magistrate court. Osobu cited a July 16, 2024, judgment from the Court of Appeal in Ibadan, which ruled that SANs cannot appear before magistrates.
In response, Adeyinka Olumide-Fasuka SAN contended that the Ekiti State House of Assembly law allows lawyers of any status to represent defendants in criminal cases. He urged the court to disregard the prosecutor’s argument, suggesting that the judgment may not have considered all relevant magistrate court laws in Nigeria.
Despite this, Chief Magistrate Abayomi Adeosun chose to postpone his decision on the matter. He also directed Fasuka to step aside temporarily to allow the most senior lawyer on the defendant’s legal team, Taiwo Adedeji, to proceed with the case.
The case has been adjourned until December 20, 2024, to hear the defendant’s bail application.
