Somto BisinaThe decision was announced on Wednesday morning during a packed court session, as the police sought to arraign and prosecute Afrobeat musician Seun Kuti.
The police prosecuting team, led by Morufu Animashaun, applied to vacate the remand application presented in court on May 16 in order to properly arraign the defendant and focus on his prosecution.
Seun’s legal team, headed by Femi Falana, SAN, did not object to the vacation of the remand application, acknowledging that it had already expired. However, they vehemently opposed the police’s involvement in Kuti’s arraignment and subsequent prosecution.
READ ALSO:Seun Kuti: Arrest, Incarceration, Bail
The musician’s defence team argued that the police had violated the court’s order from May 16, which instructed them to duplicate the case file and submit it to the Director of Public Prosecutions (DPP) within 72 hours. Consequently, the defence team requested that the DPP handle the prosecution to ensure impartiality.
The police had earlier convinced the court that Section 23 of the Police Act granted them the authority not only to arrest but also to prosecute suspects.
In her ruling, Magistrate Olatunbosun emphatically stated that the police cannot be both the complainant and the prosecutor in the same case. She acknowledged the need for advice from the DPP to determine whether prosecution should proceed.
As a result, the case was adjourned until July 3, 2023, to await the DPP’s guidance. It is worth recalling that on May 16, the police filed a remand application, seeking to keep Seun Kuti in police custody for 21 days pending the conclusion of their investigation. However, Magistrate Olatunbosun dismissed their plea, granting the defendant bail and ruling for a remand of 48 hours.
Furthermore, she ordered the duplication of the case file and its submission to the DPP for legal advice within 72 hours, with the case adjourned until May 23.
However, after the expiration of the initial 48 hours, the police approached the court seeking an extension of four additional days to conclude their investigation. The court granted their request, allowing the police to retain the defendant.
In an unforeseen circumstance, the magistrate was absent from court on Tuesday, which led to the trial’s postponement. Seun Kuti was eventually released on bail late Tuesday night after fulfilling the bail conditions, and the trial was adjourned to Wednesday by the court registrar.
The outcome of this trial will have significant implications for the Nigerian justice system and the relationship between law enforcement agencies and the judiciary. As the case progresses, it remains to be seen whether the DPP will take over the prosecution, ensuring a fair and unbiased legal process for Seun Kuti.
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