A Yaba Chief Magistrates’ Court on Thursday granted bail to activist, Comrade Hassan Taiwo, popularly known as Soweto, and Dele Frank, who were arraigned by the Lagos State Police Command.
They were arraigned over their alleged involvement in a protest against illegal demolitions and forcible evictions in the state.
The defendants were arrested on Wednesday following a protest at the Lagos State House of Assembly, Alausa.
They were charged on five counts bordering on conspiracy, conduct likely to cause a breach of peace, unlawful assembly, obstruction of traffic and singing abusive songs against the police and the Lagos State Government.
The Police Prosecution Counsel, Mr Anthony Ihiehie, told the court that the defendants and others still at large, committed the alleged offences on Jan. 28, at Allen Avenue, Alausa and within the premises of the Lagos State House of Assembly.
According to him, the defendants engaged in conduct likely to cause a breach of peace, formed an unlawful assembly and obstructed the free flow of traffic.
He further alleged that they blocked the highway with a vehicle fitted with a public address system and sang abusive songs against the police and the Lagos State Government with intent to provoke the public and tarnish the image of the government.
Ihiehie said the alleged offences contravened Sections 411, 56, 57 and 57(c) of the Criminal Law of Lagos State, 2015.
The defendants, however, pleaded not guilty to all the charges.
During the proceedings, Human Rights Lawyer, Mr Femi Falana, SAN, announced his appearance for the defendants, prompting an objection from the prosecution, which argued that Senior Advocates of Nigeria were barred from appearing before lower courts.
Falana opposed the objection, citing constitutional provisions and Lagos State laws that permit all legal practitioners, irrespective of rank, to appear before Magistrates’ Courts.
In her ruling, the Magistrate, Mrs I.O. Alaka, overruled the objection, holding that the rank of Senior Advocate of Nigeria did not restrict a lawyer from appearing before a Magistrates’ Court.
Falana thereafter applied for bail for the defendants on liberal terms, while the prosecution urged the court to impose conditions that would ensure their appearance in court.
In her ruling, Alaka granted the defendants bail in the sum of N200,000 each, with two responsible sureties in like sum.
The magistrate adjourned the case to March 11, for mention and ordered that the defendants be released to Falana, who undertook to ensure their appearance in court to perfect their bail conditions.
