Human rights lawyer, Dele Farotimi, has filed an application for bail following his arrest in Ekiti State over alleged defamation.
The motion was filed before the Ado Ekiti Magisterial District Court on Thursday, December 5, 2024.
Farotimi, who is currently in remand, seeks release pending the outcome of his trial in the case filed by the Commissioner of Police.
The motion, numbered MAD/1476/2024, has been submitted to the court as part of the legal process in the case where Farotimi is charged with defaming prominent Nigerian legal figure, Afe Babalola.
In the application, Farotimi’s legal team, led by Senior Advocate of Nigeria (SAN), Prof. O.F Emiri, argued that he should be granted bail.
The motion references Section 36(5) of the Nigerian Constitution, Article 6 of the African Charter on Human and Peoples’ Rights, and sections of the Administration of Criminal Justice Act of 2015.
The lawyers emphasized that Farotimi’s right to bail was fundamental, citing that the defendant is presumed innocent until proven guilty.
According to the legal team, Farotimi is a respected lawyer with 25 years of experience, making him no flight risk.
Farotimi’s counsel also stated that he has a fixed address and that he would comply with all conditions set by the court.
The team made four key points in support of the bail application.
Firstly, they highlighted that the defendant is presumed innocent under Nigerian law and international human rights frameworks.
Secondly, they pointed out that the alleged offences are bailable under the Criminal Code.
Thirdly, they noted that Farotimi’s professional standing and long history as a legal practitioner reinforce his commitment to appear for trial.
Finally, they assured the court that Farotimi would comply with all trial procedures.
The legal team, which includes several lawyers such as Adejare Kembi, Bayo Ayo, and Ralph Nwoke, has urged the court to admit their client to bail pending the resolution of the charges.
While the motion for bail is pending, Farotimi remains in custody, awaiting the next court session scheduled for December 10.
Farotimi’s arrest is linked to his book, Nigeria and Its Criminal Justice System, in which he allegedly made defamatory statements about Afe Babalola.
Reports from SaharaReporters indicate that Farotimi was arrested and transported to Ekiti State to face the charges of defamation against Babalola.
On December 6, Farotimi was arraigned at the Ado-Ekiti Magistrates Court, where he pleaded “not guilty” to the 16 charges brought against him.
The presiding magistrate, Abayomi Adeosun, denied bail and remanded Farotimi in a correctional facility until December 10, 2024.
Farotimi’s arrest and legal battle have drawn widespread attention, with many of his supporters viewing the case as politically motivated.
As a prominent human rights lawyer, Farotimi’s work has frequently involved advocating for the protection of individual freedoms, making his arrest a point of contention among legal observers.
In the book that led to the charges, Farotimi reportedly critiques the state of Nigeria’s criminal justice system and calls out powerful figures, including Babalola, for their roles in its perceived flaws.
Critics of the case argue that the charges against Farotimi may be an attempt to stifle free speech and suppress dissent, especially given his outspoken stance on various legal and political matters.
