Human rights lawyer Inibehe Effiong has stated that there is no legal justification for the imprisonment of Dele Farotimi.
The Nigerian journalist, Dele Farotimi was arrested and detained after a court session at the Ekiti Magistrate court. He was accused of allegedly defaming Afe Babalola.
However, Effiong in a post shared on his official X handle, he highlighted points to back up his claims that Farotimi was remanded unlawfully.
His post reads,”There was no legal justification for the remand of Dele Farotimi.First, Dele was arraigned in a Magistrate Court. Bail application at the Magistrate Court is done orally because it is an inferior court of record and also a court of summary jurisdiction.
“Second, defamation is a misdemeanor not a felony (defamation is not even an offence in Ekiti State and this will be argued at the right time).
“A misdemeanor is a crime that on conviction, the punishment is more than 6 months but less than 3 years imprisonment. The maximum penalty for defamation is 2 years imprisonment in the event of a conviction.
READ MORE:‘Dele Farotimi Arrested, Bundled to Ekiti for Offense Not Recognized in State Laws’—Oseni Rufai
“Third, Dele is a minister in the temple of justice with over two decades of practice experience. He could have easily been granted bail on his own recognizance; that is without conditions.
“Fourth, Bail is compulsory for misdemeanor, except there is a very cogent factual basis for denial of bail. Chioma was arraigned at the Federal High Court (a superior court of record) where bail is usually applied for in writing. Even at that, the court adjourned to rule on Chioma’s bail application by only two days.
“Her bail was perfected and she regained her freedom immediately. Dele was remanded by one week, not even for ruling on bail, but for him to file a written application which ought not to be the case given the points stated above.
“I hope you understand the issues now? The injustice that you support today may affect you tomorrow,” he added.
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