Dele Farotimi, a prominent human rights lawyer, is contesting the jurisdiction of the Oyo State High Court to try him in a criminal defamation case brought by Senior Advocate of Nigeria (SAN), Adebayo Adenipekun, a partner at Afe Babalola & Co.
The lawsuit stems from allegations made by Farotimi in a book, which has led to multiple defamation charges against him.
Nigerian Bar Association Monthly Newsletter Maiden Edition – December 2024
The case, which has stirred considerable controversy, involves Adenipekun filing a defamation suit against Farotimi at the Oyo State High Court. The lawsuit arises from statements made by Farotimi in his book, sparking a legal battle between the two parties.
Dele Farotimi to Petition LPDC over his arrest
On January 6, 2025, Farotimi’s legal team filed a Notice of Preliminary Objection, challenging the court’s jurisdiction to hear the case. The objection was filed under Sections 96 and 97 of the Sheriffs and Civil Process Act, Cap. S6, Laws of the Federation of Nigeria, 2004, as part of a response to the suit brought against Farotimi.
The preliminary objection, presented by Farotimi’s lawyers, Adeyinka Olumide Fusika (SAN) and Prof. O. F. Emiri (SAN), seeks an order to set aside the purported service of the Writ of Summons dated December 9, 2024, and all accompanying processes served on Farotimi.
Nigerian Bar Association Monthly Newsletter Maiden Edition – December 2024
The objection argues that the writ was incorrectly served outside the jurisdiction of the Oyo State High Court, in breach of the court’s authorization.
According to Farotimi’s legal team, the writ of summons was issued for service in Lagos State but was instead served on Farotimi at the Ado-Ekiti Correctional Centre in Ekiti State, where Farotimi had been detained following what they described as his unlawful abduction by the claimants.
The defense claims that this action was in violation of the legal requirements set out in the Sheriffs and Civil Process Act.
Dele Farotimi’s Arrest: More Revelations About Afe Babalola Will Be Unearthed
Farotimi’s team further argued that the service of the writ was contrary to the terms of its issuance and that the Oyo State High Court lacks jurisdiction to proceed with the suit under the circumstances.
As a result, the matter is set to be heard on January 7, 2025, where the court will consider the application for setting aside the service of the writ.
This legal challenge adds to a series of ongoing legal battles between Farotimi and various lawyers, including Adenipekun, and highlights the complex dynamics of the defamation case.
Farotimi has long been a controversial figure, known for his outspoken views on human rights and the legal system. His challenge to the court’s jurisdiction is a significant development in this high-profile case.