A Lagos State Chief Magistrates Court sitting in Yaba has refused to grant an oral application made by the police, seeking the permission of the court to arraign Afrobeat singer, Seun Kuti, over allegation of assaulting a police officer.
Chief Magistrate Adeola Olatunbosun adjourned the matter to July 3, 2023 to enable the Office of the Directorate of Public Prosecutions (DPP) to issue a legal advice on the case.
The musician, who was released from police custody on Tuesday night, is accused of assaulting one Inspector Mohammed Aminu, attached to the Police Training College, Ikeja, while on official duty and in police uniform.
The defendant, who had been in detention at the State Criminal investigative Department (SCID), Panti, Lagos, since May 15, 2023 was granted bail by the court on Tuesday night.
At the resumed hearing of the matter yesterday, the police counsel, Cyril Ejiofor, sought the leave of court to arraign the singer, having preferred a charge against him.
But the defence lawyer, Femi Falana (SAN) prayed the court to dismiss the application and accused the police of disobeying subsisting orders of court.
He said, “We have a serious objection to the proposed arraignment on two solid legal grounds; that he is entitled to at least 48 hours’ notice within which to answer to the charge, by virtue of section 82 of the Administration of Criminal Justice Law of Lagos.
“We came here this morning only for the police to say a charge has been filed and most importantly, this charge is contemptuous of the valid and subsisting court order of May 16, that upon the completion of investigation, the prosecution of the case is to be transferred to the state government, as police can’t investigate and prosecute the case. But, the police in total defiance, ignored the order of the court.
“Until the court orders are complied with by the IGP, this court can’t entertain the charge from the police,” Falana stated.
In his response, the police counsel urged the court to dismiss the objection, saying that section 23 of the Police Act, 2020, empowers them to prosecute cases, and that the Nigeria police cannot wait for the state government, having already sent the case file to them.
“We also rely on last week’s rulings of this court. We have compiled and duplicated this file to the office of the DPP. It is left for them to do their job, we cannot wait for them. We are empowered by law to prosecute all the way to the Supreme Court.
“Under Section 23 of the Police Act, we have ultimate powers to prosecute which aren’t in conflict with sections 174 and 211 of the Nigerian Constitution, which gives the AG powers to take over any case, but we cannot wait for the state.
“The orders of last week have been vacated, and we cannot rely on them as they have no life.
“Nothing shall apply as a stay of proceedings, not even a pending DPP’s advice,” he said.
In her ruling, the magistrate, having issued the previous orders, insisted on awaiting the DPP’s advice, before proceeding with the case.
An investigating police officer, Lekan Ogundare, had informed the court that the defendant committed the offence on May 13 on the Third Mainland Bridge.
Ogundare claimed the defendant drove dangerously on the bridge and deliberately blocked a moving police vehicle.
He told the court that the defendant slapped Aminu several times on his face. He insisted that the one-count charge of assault is contrary to Section 356 of the Nigerian Criminal Code Act.
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