Ekiti court strikes out defamation case against Farotimi

By Priscilla Ediare, Ado-Ekiti

The Ekiti State Magistrate Court in Ado-Ekiti on Thursday struck out the defamation suit filed against human rights activist and lawyer, Dele Farotimi.

The case originated after the founder of Afe Babalola University, Ado-Ekiti (ABUAD), Aare Afe Babalola (SAN), petitioned the Commissioner of Police in Ekiti State, accusing Farotimi of defaming him in his book, Nigeria and Its Criminal Justice System.

Farotimi had stood trial in two courts after the Inspector General of Police (IGP), Kayode Egbetokun, filed a suit against him over alleged cybercrime at the Federal High Court, Ado-Ekiti, while Babalola instituted a suit against him over alleged criminal defamation at the Ekiti State Magistrate Court, Ado-Ekiti.

While the Federal High Court, Ado-Ekiti, had on 9 December 2024 granted ₦50 million bail to the defendant (Farotimi) and adjourned the case to 29 January 2025, the Ekiti State Magistrate Court granted him ₦30 million bail on 20 December 2024 and adjourned the case to 13 February 2025.

However, on 27 January 2025, Babalola, the nominal complainant in the case, announced that he would instruct his lawyers to withdraw the defamation suit against Farotimi after the Ooni of Ife, Oba Adeyeye Ogunwusi, and some prominent traditional rulers in Ekiti State appealed to him to do so.

On 29 January, the Federal High Court, Ado-Ekiti, struck out the cybercrime suit instituted by the IGP against the defendant.

During the hearing on Thursday, the prosecution, Mr Martins Akala, said, “The matter is slated for hearing today. However, we want to seek the leave of the court for withdrawal of the pending charges against the defendant on the instruction of the police authority.”

Responding, counsel to the defendant, Mr Adejare Kembi, said his team had no objection to the withdrawal of the case.

In his judgement, the presiding magistrate, Abayomi Adeosun, struck out the case, considering the position of both parties. “The charge is hereby struck out.”

Speaking with newsmen after the ruling, Kembi said, “The case was struck out based on the application of the prosecution. We welcome it. They brought us here, and they asked us to go. Like I said in open court, they have just removed the chain. They brought the chain, they removed the chain, why should we complain?”

“We came to court today to follow up our case, which was set for hearing. The prosecution said, ‘We are withdrawing,’ and we agreed.”

On whether he expected other cases in different jurisdictions to follow the same path of withdrawal, he said, “I don’t know. I can’t guess.”

When asked if his client (Farotimi) could now speak to the press and the public since the case had been struck out, Kembi responded, “It is his fundamental human right, and that’s his choice. It is a constitutional right for him to exercise. When a court makes an order in a pending case, and that case is either struck out or dismissed, every order made pursuant to that case is also struck out and dismissed. So, if the order was made pursuant to this case, then that order is no longer existing.”