May 24, (THEWILL) – A Chief Magistrate’s Court sitting in the Yaba area of Lagos, on Wednesday, ruled that the police cannot be the complainant and the prosecutor at the same time.
The Magistrate, Adetola Olatunbosun, stated this when the Police prosecuting team demanded to arraign and prosecute embattled Afrobeat musician, Seun Kuti.
The police prosecuting team, led by Morufu Animashaun, applied to vacate the remand application presented in court on May 16 and arraign the defendant properly in order to focus on his prosecution.
However, Seun’s team of counsels, led by Femi Falana (SAN), did not object to the vacation of the remand application, reminding them that it had expired, but objected to the police arraignment and prosecution of Kuti.
The musician’s legal team held that the police had violated the court order of May 16, ordering the police to duplicate the case file and transmit the same to the DPP within 72 hours.
The defence team, therefore, prayed the court to allow the DPP to prosecute the case instead of the police so that it would be devoid of any form of bias.
The police had earlier prevailed on the court to grant it 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.
Magistrate Olatunbosun, in her ruling, stated that the police cannot be the complainant and also the prosecutor at the same time.
“I need the advice of the DPP to know whether he should be prosecuted or not,” she stated.
She, therefore, adjourned the case till July 3, 2023, for the DPP’s advice.
