Somto BisinaThe anticipated hearing in the assault case involving Afrobeat singer, Seun Kuti, was unable to proceed at the Chief Magistrate Court in Lagos.
Chief Magistrate Adeola Olatubosun, who was expected to preside over the case, was absent due to her current leave. Seun Kuti, accompanied by his legal counsel and the prosecution team, appeared in court for the hearing.
However, with the magistrate’s absence, the parties involved agreed to reconvene on September 27, following the court’s annual vacation, to continue the proceedings.
During the previous court session on May 24, the magistrate dismissed the Nigeria Police Force’s application to arraign Kuti for an alleged assault on a police officer.
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Magistrate Olatubosun had adjourned the case to July 3 to await the legal advice from the Office of the Director of Public Prosecutions (DPP).
Previously, Kuti had been released on bail on May 23 after being detained at the State Criminal Investigative Department since May 15.
The police had intended to arraign him, but Femi Falana (SAN), Kuti’s defense counsel, argued for the dismissal of the application. Falana accused the police of disobeying a court order and raised objections to the proposed arraignment.
Falana cited two legal grounds for his objections. Firstly, he argued that Kuti should have been given at least 48 hours’ notice to answer the charge in accordance with Section 82 of the Administration of Criminal Justice Law of Lagos. Secondly, he pointed out that the police’s charge was in contempt of a valid and existing court order from May 16.
The order from May 16 stated that once the investigation was complete, the prosecution of the case should be transferred to the state government since the police lacked the authority to investigate and prosecute the case.
However, Falana claimed that the police had ignored the court order and demanded an explanation for their disregard.
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In response, Cyril Ejiofor, the police counsel, argued that Section 23 of the Police Act, 2020 empowered them to prosecute cases and that they couldn’t wait for the state government after sending the case file to them.
Ejiofor stated that the previous week’s court rulings supported their position and that they had already complied by sending a duplicated case file to the office of the DPP.
In her ruling, the magistrate, who had issued the previous orders, insisted on awaiting the DPP’s advice before proceeding with the case.
According to the investigating police officer, Seun Kuti committed the alleged assault on May 13 on the Third Mainland Bridge.
He was accused of driving dangerously, intentionally obstructing a moving police vehicle, and assaulting Inspector Mohammed Aminu, who was in police uniform and on official duty.
With the hearing postponed until September 27, the legal battle in this assault case will continue, allowing both the defense and prosecution to present their arguments and evidence before the court.
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