Photo: Free Birds, Comrades Frank and Soweto
By: Mandy Park
A Lagos Magistrates’ Court sitting in Yaba on Thursday granted bail to activists Taiwo Hassan Soweto, and Dele Frank following their arraignment over a protest against demolitions in parts of Lagos State.
The defendants pleaded not guilty to a five-count charge filed by the Lagos State Police Command. The court admitted them to bail in the sum of ₦200,000 each, with two responsible sureties in like sum.
Magistrate A.I.O. Alaka (Mrs) further ordered that the defendants be released to their counsel, Mr Femi Falana, SAN, after the senior lawyer gave a personal undertaking to produce them in court to perfect their bail conditions.
“I release them to the learned Silk,” the magistrate ruled, after confirming that Falana knew the defendants personally and understood the implications of his undertaking.
Falana assured the court that he would produce the defendants the following morning, citing his professional reputation. “My learned friend can attest that I have never broken my word,” he said.
The case was adjourned to March 3, 2026, for continuation of trial.
Earlier, proceedings were briefly stalled by an objection from the police prosecutor, SP Anthony Ihiehie, who argued that Falana, as a Senior Advocate of Nigeria (SAN), was barred from appearing before a Magistrates’ Court.
The prosecution claimed reliance on a 2025 judgment, contending that SANs were restricted from practice in lower courts.
Falana opposed the objection, describing it as misconceived and misleading. He argued that it lacked any legal basis and was aimed at frustrating the proceedings.
Relying on Section 36(c) of the 1999 Constitution (as amended), Falana submitted that every defendant has the right to be defended by a legal practitioner of their choice, irrespective of rank.
He also cited Section 9 of the Lagos State Magistrates’ Court Law, which permits all lawyers called to the Bar to appear before Magistrates’ Courts in the state.
According to him, the case relied upon by the police originated from Oyo State and was inapplicable in Lagos.
He further noted that he was currently appearing in another matter alongside Mr Olumide-Fusika, SAN, against the same police counsel without any objection.
In her ruling, Magistrate Alaka upheld Falana’s arguments, holding that the rank of SAN does not constitute a legal restriction.
“The rank of SAN is not a restriction. All lawyers can appear in all courts,” she ruled.
Following the ruling, Falana moved the bail application, arguing that the charges were illegal, unconstitutional, and an abuse of police powers. He contended that the arrest and prosecution of the defendants violated Sections 39 and 40 of the Constitution, which guarantee freedom of expression and peaceful assembly.
Falana told the court that Soweto and Frank had been detained since the previous day, denied access to the outside world, and had sustained injuries during their arrest.
He urged the court to release them into his custody pending perfection of bail.
Responding, SP Ihiehie acknowledged that bail is a constitutional right but urged the court to impose stringent conditions, claiming that the defendants might resume protests capable of disrupting public order if released.
Falana dismissed the claim, stating that there had been an understanding with the Lagos State Commissioner of Police for the protest to proceed peacefully.
When the prosecutor said he was unaware of any such agreement, Falana tendered a video recording of the protest, which he said showed it was peaceful and orderly.
Soweto and Frank are facing trial on five counts under the Criminal Law of Lagos State, 2015, bordering on conspiracy to cause breach of peace, unlawful assembly, obstruction of traffic, and allegedly singing abusive songs against the police and the Lagos State Government during a protest held on January 28, 2026, at Allen Avenue, Alausa, and the Lagos State House of Assembly.
The police further alleged that the defendants conspired with others still at large to engage in conduct likely to cause public disorder and obstruct the free flow of traffic using a vehicle fitted with a public address system.
