Dele Farotimi Challenges Afe Babalola In High-Stakes Case, Asks Ekiti Magistrate Court To Dismiss Defamation Suit

Human rights lawyer Dele Farotimi has mounted a fierce legal challenge against a 16-count defamation suit filed by legal titan Afe Babalola (SAN), seeking its dismissal on grounds of legal invalidity.

The preliminary objection, submitted on December 9, 2024, by Farotimi’s lead counsel Adeyinka Olumide-Fusika (SAN) and a powerhouse team of 19 other lawyers, argues that the charges are baseless and lack jurisdictional validity under the law.

Farotimi’s legal team claims the charges rest on the repealed Criminal Code Law of Ekiti State, 2012, replaced by the Criminal Law of Ekiti State, 2021, making the defamation allegations legally non-existent. Their submission also highlights constitutional protections under Section 36(8) of the 1999 Constitution, which prohibits retroactive charges.

“The Honourable Magistrate acted beyond their jurisdiction by allowing the arraignment and detention of the defendant based on an incompetent charge,” the team stated.

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The defamation suit, filed by Babalola and his partners Olu Daramola (SAN), Olu Faro, and the law firm Afe Babalola & Co., accuses Farotimi of damaging their reputations. However, the defence argues that the alleged offences are not recognized under current Ekiti State laws, rendering the suit invalid.

Farotimi’s defence is bolstered by a legal dream team, including senior advocates Festus Emiri, Bamidele Ibironke, and Segun Ololade, alongside 16 other seasoned lawyers.

This high-stakes legal battle sets the stage for a courtroom showdown as the Ado Ekiti Magistrate Court hears the objection on December 10, 2024. The outcome could have far-reaching implications for defamation law and freedom of speech in Nigeria.