365NEWS gathered that the Police prosecuting counsel has opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fasuka in the ongoing criminal defamation case against Dele Farotimi.
Farotimi, a human rights lawyer and activist is currently facing charges before the Ekiti State Magistrate Court over alleged defamation of a legal luminary, Afe Babalola in his book, titled, ‘ Nigeria and Its Criminal Justice System.
The police counsel, Samson Osobu on Tuesday during the ongoing proceeding, informed the court that the SAN under the law could not take over a suit for Farotimi at the Magistrate Court.
He cited a recent judgement delivered on July 16, 2024, by the Court of Appeal in Ibadan, Oyo State where the court ruled that SANs could not appear before magistrates.
But Adeyinka Olumide-Fasuka SAN, in his submission explained that the Ekiti State magistrate court law enacted by the House of Assembly allowed lawyers irrespective of title and status especially in criminal matters as it related to the suit against the defendant.
He further urged the court to reject the prosecution lawyer’s argument, noting that the judgement he cited might not have put into consideration all the magistrate court laws in Nigeria.
However, the Chief Magistrate, Abayomi Adeosun stepped down his ruling on the matter to read the judgement cited by the prosecutor.
Also, the Magistrate ordered the SAN to step down for the most senior lawyer in the defendant’s team to continue, pending his ruling on the matter.
A lawyer, Taiwo Adedeji is continuing the case on behalf of the defendant. The case was, however, adjourned till December 20, 2024, to hear the bail application for the defendant.
