Lagos-based legal practitioner Dele Farotimi has filed a preliminary objection at the Ado Ekiti Magistrate Court, seeking to dismiss a defamation lawsuit brought against him by renowned legal expert Afe Babalola.
The case, which has garnered considerable attention, is set for hearing. Represented by Senior Advocate of Nigeria Adeyinka Olumide-Fusika and a team of 19 other lawyers, Farotimi argues that the charges are "legally unfounded and non-existent."
According to the objection, the magistrate court lacks jurisdiction over what is described as an "incompetent charge."
The objection is grounded in several legal provisions, including Section 36(8) of the Nigerian Constitution, sections of the Criminal Law of Ekiti State, and the Magistrates Courts Law of Ekiti State.
Farotimi's legal team contends that the 16-count charge, which references alleged offences under the "Criminal Code Act," is not applicable, as it has been repealed by the Criminal Law of Ekiti State, 2021.
"The crime of defamation of Aare Afe Babalola, SAN, OFR, and two of his partners, as alleged, is unknown to and non-existent in the Criminal Law of Ekiti State, 2021," stated the objection.
It further claims that the magistrate acted without jurisdiction by allowing the arraignment and ordering Farotimi's detention based on these charges.
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