A Chief Magistrate Court, sitting in Sabo, Yaba, Lagos, yesterday, ruled that the police cannot be the complainant and also the prosecutor in the trial of Afrobeat singer, Seun Kuti, for allegedly assaulting a police officer.
Magistrate Adeola Olatunbosun gave the ruling at the resumed hearing of the matter, yesterday, after the police brought Kuti to court for arraignment.
It will be recalled that Kuti was released on bail by the Police on Tuesday night afer meeting his administrative bail conditions.
During yesterday proceedings, the police prosecuting team led by Morufu Animashaun applied to vacate the remand application presented in court on May 16, and properly arraign Kuti.
Animashaun prayed the court grant his team the right to prosecute Kuti, stating that Section 23 of the Police Act gives the police the right to not only arrest but also prosecute suspects.
Kuti’s team of lawyers led by Mr Femi Falana, SAN, however objected to his arraignment insisting that the police had violated the court order of May 16, to duplicate the case file and transmit the same to the Lagos State Directorate of Public Prosecution, DPP within 72 hours.
Magistrate Olatunbosun in her ruling stated that the police cannot be the complainant and also the prosecutor at the same time.
She said, “I need the advice of the DPP to know whether he should be prosecuted or not.”
She thus adjourned the case till July 3, 2023, for the DPP’s advice.
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