Francis Iwuchukwu 
An application seeking to arraign Afrobeat singer, Seun Kuti, over an alleged assault of a police officer, was yesterday dismissed by a Yaba Chief Magistrate’s Court. The application was filed by the Nigerian Police. The court, presided over by Chief Magistrate Adeola Ola- tunbosun, refused the application and thereafter adjourned the hearing until July 3 to await legal advice from the Office of the Directorate of Public Prosecutions (DPP) on the matter. It would be recalled that following his release from the custody of the NPF on bail on Tuesday, Kuti, was in court.
The Afrobeat singer had been kept in detention at the State Criminal Investigative Department, Panti since May 15. When the matter came up for hearing, counsel for the NPF, Cyril Ejiofor, sought the leave of the court to arraign the singer, having preferred a charge against him. However, Kuti’s lawyer, Femi Falana (SAN) asked the court to throw out the application, just as he accused the Police of disobeying subsisting orders of the court. According to the SAN, “We have a serious objection to the proposed arraignment on two solid legal grounds.
“The defendant is entitled to at least 48 hours’ notice within which to answer to the charge by virtue of Section 82 of the Administration of Criminal Justice Law of Lagos. “We came here this morning only for the police to say a charge has been filed and most importantly, this charge is contemptuous of the valid and subsisting court order of May 16, that upon the completion of the investigation, the prosecution of the case is to be transferred to the state government, as police can’t investigate and prosecute the case. “But, the police, in total de- fiance, ignored the order of the court.
Furthermore, on the 18th of May, the court adjourned the case to May 23 for the DPP’s advice.” While arguing that until the orders of the court are complied with by the IGP, the court cannot entertain the charge from the Police, Falana (SAN) added that the Police owe it a duty to disclose to the court why they have overruled the court on the prosecution of the case. The human rights lawyer noted that there is no Appeal against the court’s order and urged the court to disregard the Application of the Police.
The SAN described the situation as an attempt to treat the court with provocative contempt, even as he stated, “Last week, the same court had delivered two rulings ordering the Police to duplicate the case file and forward it to the Office of the DPP at the Lagos Ministry of Justice for advice on whether to prosecute the case. “The court also said the Police cannot investigate and prosecute the matter, to avoid the perception of bias.”
In his response, counsel for the Police, Cyril, urged the court to dismiss the objection, saying that Section 23 of the Police Act, 2020, empowers them to prosecute cases and that the Nigeria Police (NP) cannot wait for the state government, having already sent the case file. Cyril said, “We also rely on last week’s rulings of this court. We have compiled and duplicated this file to the office of the DPP. It is left for them to do their job. We cannot wait for them.” The Police’s lawyer argued that the orders of last week have been vacated, and the Police cannot rely on them as they have no life.
In handing down her ruling, Chief Magistrate Olatunbosun, in line with previous orders of the court, insisted on awaiting the DPP’s Advice, before proceeding with the case. The Investigating Police Officer (IPO), Lekan Ogundare, had posited that Kuti committed the offence on May 13 on the Third Mainland Bridge. Ogundare had equally informed the court that Kuti drove dangerously on the bridge and deliberately blocked a moving police vehicle.
