An Ekiti State Magistrates’ Court in Ado Ekiti, on Tuesday, sent lawyer and activist, Dele Farotimi, back to prison after the police vehemently opposed his application for bail, accusing him of intimidating witnesses.

The magistrate adjourned till December 20 to rule on whether or not to admit Farotimi to bail following the stiff opposition by the police.

The police are prosecuting Farotimi on the allegation that he defamed legal luminary and Senior Advocate of Nigeria, Aare Afe Babalola.

According to the police, the activist lawyer defamed Babalola in his book titled, ‘Nigeria and its Criminal Justice System.’

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.

But the prosecuting counsel for the police, Samson Osodu, vehemently opposed the bail application, contending that Farotimi would likely jump bail.

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.”

According to the prosecutor, Farotimi had also said many times that he does not believe in the judicial system.

Besides, he 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.

After taking arguments from the parties, the chief magistrate, Adeosun, adjourned till December 20 to rule on the bail application.

Meanwhile, the planned protest slated for Ekiti State Command Headquarters of Nigeria Police Force organised by the Take it Back Movement failed to hold on Tuesday as no protester was seen in sight.

A community leader and the Olotin of Ado Ekiti, Chief Michael Osaloni, had on Monday cautioned those planning to stage a protest in the state on Tuesday “to steer clear of Ekiti as they would not like the outcome, they should, in their own interest shelve it or else face the consequences”.

The Police Public Relations Officer, Ekiti State Police Command, Sunday Abutu, had also earlier warned against protests in the state.

“The state here is peaceful, the metro here is peaceful. There is no protest here in Ekiti. As a matter of fact, nobody informed us officially that there would be any protest, we just heard it through rumour.

“Though protest is the right of everyone, when we heard about that, we warned that people should desist from unlawful protest. We are happy Ekiti is peaceful. We are glad and we appreciate the good people of Ekiti State for not joining any form of illegal protest to put the state in a state of chaos,” the PPRO said.
In his reaction to the court ruling, the 2023 presidential candidate of African Action Congress, Omoyele Sowore, stated on his X handle, “The ruling on @delefarotimi’s bail application was today adjourned till December 20.

“@DeleFarotimi has been sent back to prison for the next 10 days. See what begging has done? #FreeDeleFarotimiNow,” Sowore stated

Recall that the presidential candidate of the Labour Party, Mr Peter Obi, had on Monday visited Afe Babalola in Ado Ekiti to plead with him over the case of Farotimi, a move Sowore condemned on his X-handle, saying, “I condemn those who went to beg Chief Afe Babalola today (Monday) over the unjust detention and persecution of @DeleFarotimi”.