Legal Luminary Femi Falana Ignites Firestorm In Courtroom Over Seun Kuti’s Trial

EKO HOT BLOG reports that Femi Falana (SAN), a prominent human rights attorney, created a stir at the Yaba Magistrate’s Court on Wednesday as he blocked the Nigerian police from filing fresh assault charges against Afrobeat musician Seun Kuti.

The case had been adjourned on Tuesday due to the absence of the Presiding Magistrate, Adeola Olatunbosun, who was attending a training session. However, during Wednesday’s court proceedings, Falana raised two significant legal objections.

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Firstly, he argued that the police had violated the 48-hour requirement by presenting the fresh charges to Kuti in court, thereby depriving the defendant of sufficient time to prepare his defense.

According to the law, defendants should be given adequate notice and time to prepare for their case.

Secondly, Falana criticized the police prosecutor for disregarding the Chief Magistrate’s order to send the case file to the Directorate of Public Prosecutions (DPP). Falana described the police’s latest attempt to bring charges as a contemptuous act against the court order.

The Chief Magistrate had previously directed the police to seek legal advice from the DPP on May 16, 2023. However, the police failed to comply with this order, prompting Falana to assert that they cannot proceed with prosecution unless they appeal the judge’s decision.

Kuti’s legal team had anticipated that Tuesday’s court session would involve receiving advice from the Lagos State Director of Public Prosecutions (DPP).

They explained that the court had mandated the prosecution to be conducted by the DPP’s office, not the police. Consequently, the police were instructed to send the case file to the DPP for evaluation and a decision on whether to proceed with the prosecution.

Seun Kuti

Unfortunately, the DPP’s advice was not ready on Tuesday, as the police investigation team still held onto the case file. However, Kuti’s release on bail, which had been granted by the Magistrate, was awaiting administrative approval and was unrelated to the physical court proceedings.

The case has been adjourned until July 3 to allow time for the DPP to provide legal advice. As the situation unfolds, Seun Kuti’s legal team remains hopeful that he will be released on bail, having fulfilled the necessary requirements set by the court.

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The developments in the courtroom highlight the ongoing legal battle surrounding the assault charges against Seun Kuti and the efforts of Femi Falana (SAN) to ensure a fair and just legal process for his client.

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