Lagos-based lawyer and activist, Dele Farotimi, forward of the listening to of a defamation cost filed in opposition to him has submitted a preliminary objection asking the Ado Ekiti Justice of the Peace Court docket to strike out the go well with.
The objection, dated December 9, 2024, was filed by Farotimi’s authorized group led by Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, together with 19 different attorneys.
The defence group contains three different Senior Advocates of Nigeria—Festus Emiri, Bamidele Ibironke, and Segun Ololade—supported by 16 extra authorized practitioners.
It was introduced below Part 36(8) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999, SECTIONS 4(1) OF THE CRIMINAL LAW OF EKITI STATE, SECTION 77 (10(a), 147 AND 370 OF THE EKITI STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2014) and SECTIONS 25 AND 42 OF THE MAGISTRATES COURTS LAW (N0.5, 2014) OF EKITI STATE.
Within the 5 grounds of the objection, Farotimi contends amongst different issues that the cost earlier than the Justice of the Peace court docket is unknown to regulation, non-existent and that the Justice of the Peace acted with out jurisdiction on an incompetent cost.
Particularly, the 5 grounds of the applying are:
(1) that the 16 depend cost earlier than the Justice of the Peace court docket refers to alleged offences opposite to and punishable below the “Prison Code Act”.
(2) that the Prison Code Act was a regulation relevant by adoption and/or domestication in Ekiti State of the Federal Republic of Nigeria because the Prison Code Legislation, Cap. C16. Legal guidelines of Ekiti, 2012.
(3) that the Prison Code Legislation, Cap. C16, Legal guidelines of Ekiti, 2012, has been changed and expressly repealed by Part 429 (a) of the Prison Legislation of Ekiti State, 2021.
(4) that the crime of defamation of Aare Afe Babalola, SAN, OFR, and two of his companions, Olu Daramola, SAN, Olu Faro and the regulation agency of Afe Babalola & Co., alleged and particularised in all stated counts of the Cost, and upon which the Defendant was arraigned and unwittingly ordered detained in jail by the – Honourable Justice of the Peace, is unknown to and are non-existent within the
Críminal Legislation of Ekiti State, 2021.
(5) Within the premise, the Honourable Justice of the Peace acted with out jurisdiction when he countenanced the Cost, allowed the arraignment of the Defendant, and ordered his detention in jail upon the stated incompetent cost.