Adebayo Adenipekun, SAN Files Defamation Lawsuit Against Dele Farotimi In Oyo State High Court
Renowned Senior Advocate of Nigeria (SAN), Adebayo Adenipekun, has initiated legal action against human rights lawyer and activist Dele Farotimi. The lawsuit, filed at the Oyo State High Court in Ibadan, lists Farotimi and his publishing entity, Dele Farotimi Publishers, as defendants.
Court documents dated December 9, 2024, and obtained by *SaharaReporters*, summon Farotimi to appear within 30 days of service. The writ states:
> “You are hereby commanded that within 30 (thirty) days of the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of ADEBAYO ADENIPEKUN, SAN, FCIArb, and take notice that in default of your doing so the Claimant may proceed therein, and judgement may be given in your absence.”
The summons further stipulates that the writ must be served within six calendar months from its issuance or renewed within three months if necessary.
This lawsuit adds to the mounting legal challenges faced by Farotimi, who is embroiled in a separate defamation case brought by another legal luminary, Chief Afe Babalola (SAN).
Farotimi is also battling 14 charges in an Ado Ekiti Magistrate Court in Ekiti State, reduced from an initial 16-count defamation charge. On December 10, he pleaded not guilty. The prosecution’s charges are reportedly linked to comments published in Farotimi’s book, *Nigeria and Its Criminal Justice System.*
The Ekiti court has reserved its ruling on Farotimi’s bail application until December 20, leaving him in custody amid public outcry over his prolonged detention.
In the defamation case brought by Afe Babalola, Farotimi’s legal team, led by Adeyinka Olumide-Fusika (SAN), has filed a preliminary objection citing constitutional grounds. The objection, based on Section 36(8) of Nigeria’s 1999 Constitution and relevant Ekiti State laws, argues that the charges are invalid and outside the magistrate’s jurisdiction.
Farotimi’s legal team contends that:
1. The charges stem from alleged offences under the Criminal Code Act, domesticated as the Criminal Code Law in Ekiti State.
2. The magistrate acted beyond their jurisdiction by entertaining an incompetent charge.
3. The legal foundation for the charges is flawed.
The concurrent lawsuits have drawn significant public attention, raising concerns about the implications for free speech and the balance between defamation laws and accountability in Nigeria. Legal observers are closely monitoring the cases, which test the limits of jurisdiction, authorial responsibility, and judicial processes in the digital era.
The cases involving Farotimi, a vocal critic of Nigeria’s political elite, have sparked debates on the role of the judiciary in addressing defamation while safeguarding freedom of expression.
