A Sabo-Yaba Chief Magistrates’ Court in Lagos State has refused an application to arraign Seun Kuti, Nigerian afrobeat singer.
The court on Tuesday refused the application brought by the police to formally arraign Kuti.
Kuti was remanded for 6 days following an order of the court and was released yesterday May 23.
Background
Kuti was alledged to had assaulted a police officer on the Third Mainland bridge in Lagos State on May 13.
The video went viral which led to an order for Kuti’s arrest by the Inspector General of police, Usman Alkali Baba.
The singer turned himself on May 15 and was arrested by the police who subsequently paraded the singer in handcuffs at the SCID, Lagos.
He was later moved to the state’s Criminal Investigation Department, Panti.
On May 16, he was taken to court and charged with assault on a police officer, an offense contrary to Section 356 of the Nigerian Criminal Code Act.
The prosecution prayed the court to order the remand of Kuti which was granted.
The court first ordered Kuti’s remand for 48 hours and subsequently additional four daya was added following an application by the police.
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More details
At the proceeding today, the police counsel, Cyril Ejiofor, prayed the court to take his application for the arraignment of Kuti in order to formally bring charges against him.
However, Mr Femi Falana (SAN), Kuti’s counsel opposed the application saying the police has refused to send the case file to the Lagos State Director of Public Prosecutions (DPP) for advice,
Recall Chief Magistrate Adeola Olatubosun had previously directed the police to send the case file to DPP for advice.
In his arguements, Falana asked the court to stop the police from prosecuting and investigation at the same time
Falana said “The police should duplicate the case and transfer it for DPP’s advice,”
Court’s decision
In her ruling, Olatubosun held that she needed the DPP’s advice before proceeding with the case.
She then adjourned the case until July 3 for mention.