The police in Lagos have arraigned two activists, Comrade Hassan Taiwo, popularly known as Soweto, and Dele Frank, before the Lagos State Chief Magistrate’s Court in Yaba, for conduct likely to cause a breach of peace during a protest over the demolition of buildings in Makoko.
Soweto and Frank were docked before the court on a five-count charge bordering on conspiracy, conduct likely to cause a breach of peace, threats, unlawful assembly, obstruction of traffic and singing abusive songs against the police and the state government.
The police prosecutor, Anthony Ihiehie, informed Magistrate I.O. Alaka that the defendants and others still at large conspired and committed the alleged offences on January 28, 2026, at Allen Avenue, Alausa, and the House of Assembly premises.
Ihiehie claimed that, “They engaged in conduct likely to cause a breach of peace, threatened violence, formed unlawful assembly, and obstructed the free flow of traffic.”
The prosecutor also alleged that the defendants “threatened members of the public who refused to join the protest.”
He further claimed that the duo also “blocked the highway with a vehicle carrying a public address system and sang abusive songs against the police and the Lagos State government with the intent to provoke and tarnish the image of the government.”
Ihiehie maintained that the alleged offences contravened Sections 411, 56, 57, and 57(c) of the Criminal Law of Lagos State, 2015.
The defendants, however, pleaded not guilty to the charge.
A mild drama ensued when human rights lawyer Femi Falana (SAN) announced his appearance on behalf of the defendants, prompting the prosecutor to object.
Ihiehie objected to the move, arguing that a 2025 Oyo State High Court judgment barred Senior Advocates of Nigeria (SANs) from appearing in lower courts.
But Falana urged the court to dismiss the objection, stating, “Section 36(6)(c) of the Constitution gives every defendant the right to be defended by a legal practitioner of his choice.”
The senior lawyer submitted, “The case cited by the police is from Oyo State. The police are not current with the laws of Lagos State.”
He further argued that Lagos State laws expressly permit SANs to appear before Magistrates’ Courts.
“Section 9 of the Lagos Magistrates’ Court Law provides that all legal practitioners called to the Bar, regardless of title or rank, can appear in any Magistrates’ Court in the state,” he said.
He urged the court to discountenance the police’s objection, describing it as “an attempt to obstruct and delay the proceedings.”
Falana also recalled that in a 2016 case, he appeared before the same court alongside another SAN, Olumide Fusika, against the same police counsel without any objection.
In her ruling, Magistrate Mrs I.O. Alaka agreed with Falana, saying, “I am in agreement with the submission of the learned Silk that the rank of SAN is not a restriction. All lawyers can appear in all courts.” Following the ruling, Falana applied for bail for the defendants on liberal terms.
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