There was mild drama on Thursday at Yaba Chief Magistrate’s Court, Lagos, as human rights lawyer, Femi Falana (SAN), dismantled the prosecution’s objection during the arraignment of activists Taiwo ‘Soweto’ Hassan and Dele Frank.

Both activists were arrested over a protest against alleged illegal demolitions and forced evictions in Lagos.

The Lagos State Police Command had arraigned the duo on five counts bordering on conspiracy, unlawful assembly, obstruction of traffic, threats, and conduct likely to cause a breach of the peace, following their arrest on Wednesday.

Prosecuting counsel, Anthony Ihiehie, told the court that the defendants, alongside others still at large, allegedly committed the offences on January 28, 2026, at Allen Avenue, Alausa, and within the Lagos State House of Assembly premises.

According to the prosecution, Soweto and Frank allegedly blocked highways with a vehicle fitted with a public address system, obstructed the free flow of traffic, threatened members of the public who refused to join the protest, and sang what he described as abusive songs against the police and the Lagos State Government with intent to provoke unrest and tarnish the government’s image.

Ihiehie said the alleged acts contravened Sections 411, 56, 57 and 57© of the Criminal Law of Lagos State, 2015. Both defendants pleaded not guilty to the charges.

Falana steps in

Tension rose, however, when the prosecution objected to Falana’s appearance, arguing that a 2025 Oyo State High Court judgment barred Senior Advocates of Nigeria, SAN, from appearing before lower courts.

Falana swiftly faulted the objection, describing it as legally baseless and an attempt to delay proceedings.

He cited Section 36(6)© of the 1999 Constitution, which guarantees every defendant the right to be defended by a legal practitioner of his choice.

He further argued that the judgment relied upon by the prosecution was not applicable in Lagos State, stressing that Lagos laws expressly permit SANs to appear before Magistrates’ Courts.

Falana specifically cited Section 9 of the Lagos Magistrates’ Court Law, which allows all legal practitioners, regardless of rank, to appear before any Magistrates’ Court in the state.

Recalling precedent, Falana noted that he had previously appeared before the same court alongside another SAN without objection from the police.

In her ruling, Magistrate Mrs I. O. Alaka upheld Falana’s submissions, holding that the rank of SAN does not bar appearance before Magistrates’ Courts.

Following the ruling, Falana applied for bail on liberal terms, arguing that the charges violated the defendants’ constitutional rights to freedom of expression and peaceful assembly under Sections 39 and 40 of the Constitution.

The prosecution opposed the application, urging the court to impose stringent conditions, citing fears that the defendants might resume protests if released.

In her decision, Magistrate Alaka granted both defendants bail in the sum of N200,000 each, with two responsible sureties in like sum, and adjourned the case to March 11, 2026, for mention.

Falana undertook personal responsibility for ensuring the defendants’ appearance in court, an assurance accepted by the magistrate, who ordered that Soweto and Frank be released into his custody. (Vanguard)

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