…By Henry George for TDPel Media. In the Yaba Magistrate’s Court, a human rights attorney, Femi Falana (SAN), created a stir on Wednesday by preventing the Nigerian police from filing fresh assault charges against Afrobeat musician Seun Kuti.
Legal Objections Raised by Falana:
During the court proceedings, Falana raised two crucial legal objections.
Firstly, he pointed out that the police had presented the new charges to him in court, disregarding the 48-hour timeframe required by law.
This denial of adequate time for the defendant to prepare his defense was deemed a violation.
Secondly, Falana highlighted that the police prosecutor’s latest attempt to bring forth charges was in contempt of the court’s order.
The Chief Magistrate had directed the case file to be sent to the Directorate of Public Prosecutions (DPP) for legal advice, which the police failed to comply with.
Prosecution Pending Appeal:
Falana argued in court that the prosecution could not proceed unless the police appealed the judge’s order.
It was previously stated by Kuti’s lawyers that the purpose of Tuesday’s court session was to receive the advice of the Lagos State Director of Public Prosecutions (DPP).
Court Adjournment and DPP’s Legal Advice:
The case was adjourned until July 3 to allow for the receipt of legal advice from the DPP.
The court had previously ordered that the prosecution should be handled by the DPP’s office rather than the police.
However, the DPP’s advice was not ready as the police investigation team still held onto the case file.
Bail Release Pending Administrative Approval:
Kuti’s legal team stated that the Magistrate’s order for Kuti’s release on bail was awaiting administrative approval.
They emphasized that this administrative process was unrelated to the physical presence of the court.
It was hoped that Kuti would be released on bail as per the granted terms.
Conclusion:
The Yaba Magistrate’s Court experienced a mild drama as Femi Falana, a human rights attorney, obstructed the Nigerian police’s attempt to file fresh charges against Seun Kuti.
Falana raised objections concerning the timeframe for presenting charges and the disregard of the court’s order to seek legal advice from the DPP.
The case was adjourned until July 3 for the awaited legal advice.
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