In an unexpected turn of events, the Ekiti State Magistrate Court in Ado-Ekiti claimed on Friday morning that its ruling on the bail application filed by human rights lawyer Dele Farotimi was missing.
The court, which was scheduled to deliver its ruling on the bail application, adjourned the hearing after the presiding magistrate stated that he could not locate his ruling note, adding that it had been left at home.
Magistrate Takes a Break Amid Controversy
A source present at the court told SaharaReporters:
“The magistrate said his ruling note is missing and for this, he’s taken a break.”
This development prompted widespread criticism, with prominent human rights activist Omoyele Sowore labeling the situation a travesty.
Sowore tweeted:
“The Kangaroo magistrate expressed embarrassment for appearing in court without the ruling on @DeleFarotimi’s bail application, claiming it had been left at home, a truly astonishing turn of events today! #FreeDeleFarotimiNow.”
Sowore further alleged that the magistrate received a phone call during the delivery of the ruling, which caused an abrupt adjournment.
“The Kangaroo magistrate, while delivering the ruling on the applications regarding the eligibility of a Senior Advocate of Nigeria to appear before a magistrate court and @DeleFarotimi’s bail, received a phone call notification and promptly adjourned to his chambers to answer it,” Sowore said.
Background to the Case
Dele Farotimi, a human rights lawyer and author, was arrested following a petition filed by Chief Afe Babalola, SAN, a renowned legal luminary. The charges against Farotimi stem from his book Nigeria and its Criminal Justice System, in which he made allegations against Afe Babalola, his law firm, and others.
The charges, filed under suit number MAD/1,476.C/2024, include statements alleged to cause fear, alarm, or public disturbance. The prosecution argues that these statements, published in the book, are false and defamatory.
Charges Against Farotimi
- First Count: “That you, Dele Farotimi ‘m,’ sometime in 2024 authored, published, and circulated your book titled Nigeria and its Criminal Justice System, which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District, wherein you stated at page IX of the book: ‘That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his clients,’ which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the statements are false and thereby committed an offence contrary to and punishable under Section 59(1) of the Criminal Code Act.”
- Second Count: “That you, Dele Farotimi ‘m,’ sometime in 2024 authored, published, and circulated your book titled Nigeria and its Criminal Justice System, which was received and read all over the world including Ado-Ekiti within the Ado-Ekiti Magisterial District, wherein you stated at page X: ‘That Aare Afe Babalola, Olu Daramola, Olu Faro, and the law offices of Afe Babalola & Co, (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had when they went back to the Supreme Court and got that Court to swim in the sewer of corruption and shameful self-abnegation,’ which is likely to cause fear and alarm to the public or disturb the public peace knowing or having reason to believe that the statements are false and thereby committed an offence.”
Earlier Developments
The trial court initially denied Farotimi bail, sparking outrage among human rights advocates and his supporters. On Friday morning, the court appeared poised to grant his bail application, but the inexplicable delay caused by the missing ruling note has cast doubt over the proceedings.
Public Reactions and Calls for Justice
Critics have condemned the handling of the case, describing the magistrate’s conduct as unprofessional and indicative of deeper systemic issues in the judiciary. Sowore and other activists have called for Farotimi’s immediate release, citing the delay as a denial of justice.
Conclusion
The incident has intensified scrutiny on the judicial process in Nigeria, raising concerns about accountability and professionalism. With the hearing now adjourned, all eyes remain on the Ekiti State Magistrate Court to resolve the matter expeditiously and transparently.
Farotimi’s case underscores the tension between free speech and defamation laws in Nigeria, with many awaiting the next steps in this high-profile legal battle.
