Magistrate stops Seun Kuti’s arraignment, demands legal advice

The Lagos State Magistrates’ Court in Yaba, on Wednesday, declined the request by the police to arraign and prosecute the Afrobeat musician, Seun Kuti

The Chief Magistrate, Adeola Olatunbosun, in a ruling, held that the police could not be the complainant and the prosecutor at the same time, hence ordered that the case file should be handed over to the Lagos Directorate of Public Prosecution to give a directive on who should prosecute the defendant.

The police moved against Seun Kuti after he was captured in a video assaulting a police officer on Third Mainland Bridge in Lagos.

On the order of the court, the singer was in police custody from May 16 till he was released on bail on Tuesday.

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On Wednesday, a team of police lawyers, led by Cyril Ejiofor and Morufu Animashaun, returned to court with the aim of arraigning the singer.

But Seun Kuti’s lawyer, Mr  Femi Falana (SAN), opposed the move, contending that the singer, who only just left police custody on Tuesday, was entitled to 48 hours before he could be arraigned.

He also argued that the move by the police to arraign Seun Kuti was at variance with the order of the magistrate on  May 16, that the case file should be duplicated and sent to the DPP for legal advice.

“When we came here this morning, I was just informed of the charge by my learned colleague.

“The charge is contemptuous of the valid and subsisting order of May 16, 2023. The court, in its wisdom, had stated that pending the conclusion of the investigation, the case is to be prosecuted by the DPP and not the police to avoid bias.

“Until the orders are complied with by the Inspector General Of Police and its officers, the court cannot entertain the charge of the police,” Falana argued.

But the police counsel argued that the DPP was not required to prosecute the singer, as Section 23 of the Police Act gives the police the right to not only arrest but also prosecute suspects.

After listening to the two parties, the magistrate, in a ruling, said the DPP advice was needed on whether the police should prosecute the defendant, adding that she would not proceed with the case until that was sorted out.

She said, “I need the advice of the DPP to know whether he should be prosecuted or not.”

She adjourned the case till July 3, 2023, for DPP advice.