By Mandy Park
The trial of human rights activists, Comrade Hassan Taiwo Soweto and Comrade Dele Frank, suffered another setback on Monday, August 31, as the Yaba Magistrate Court adjourned proceedings to October 26 following the absence of the police prosecutor and state witnesses.
The matter, which was slated for the commencement of hearing, could not proceed after the prosecution failed to appear before the court.
Defence counsel, O.C. Olagunju, told Magistrate Mrs. I.O. Alaka that the failure of the police to appear indicated that the prosecution was not ready to proceed with the trial.
Olagunju warned that if the police failed to appear on the next adjourned date, the defence would file a formal application seeking the dismissal of the five-count charge against the activists.
“If the police fail to appear on the next adjourned date, we will move a formal application to have the five-count charge struck out,” he said.
The lawyer also informed the court that the police had only partially complied with an earlier order of the court directing the release of items seized from the activists during a protest.
According to him, between 80 and 90 per cent of the seized property had been returned, while a high-value laptop belonging to the protest’s disc jockey was still being withheld.
Speaking with journalists after the proceedings, Soweto described the failure of the prosecution to appear as an indication that the case was weak and accused the authorities of wasting public resources.
“The police that have been boasting that they have got a lot of evidence against us are today missing in action,” Soweto said.
He added, “This trial is a waste of taxpayers’ money, our time, and the court’s time.”
Soweto further argued that the activists should not be the ones standing trial, alleging that responsibility for the police action during the protest should instead be investigated.
“The person standing trial today is not supposed to be us, but the former Commissioner of Police, Jimoh Moshood, who is now the AIG Zone 2,” he said.
The activist said the police had returned most of the property seized during the January 28 protest following a court order obtained by Senior Advocate of Nigeria, Femi Falana.
He listed some of the recovered items as sound systems, loudspeakers, generators, trucks and personal bags containing cash and footwear belonging to protesters.
“We have taken possession of at least 80 to 90 percent of those seized items. Sound systems, loudspeakers, generators, trucks, and personal bags containing cash and footwear have been returned,” he said.
According to Soweto, some protesters’ footwear was returned incomplete.
“A bag here is filled with slippers and shoes of protesters, some just half of a pair. That gives an idea of the onslaught launched against us on January 28,” he said.
However, he expressed concern over the continued withholding of the DJ’s laptop, saying its absence had affected the owner’s livelihood.
“What is missing right now is the laptop belonging to our DJ. It’s a very costly laptop, and they claim they are still looking for it,” Soweto said.
He appealed to the authorities at Panti Police Station and the Lagos State Police Command to release the laptop.
“Since January 28, that DJ has been without the tools with which he seeks his livelihood. They released the sound system, but without the laptop, it’s as good as releasing nothing,” he said.
Soweto and Frank were arrested on January 28 during a protest outside the Lagos State House of Assembly over alleged planned demolitions and displacement of residents of waterfront communities.
The communities reportedly represented during the protest included Makoko, Otumara, Owode Onirin, Ajegunle and Oworonshoki.
The activists alleged that the protest was peaceful before the police dispersed the demonstrators with teargas and seized sound equipment and other personal belongings. The duo were subsequently charged before the Yaba Magistrate Court.
Soweto also used the opportunity to renew his criticism of what he described as the displacement of poor and working-class residents in Lagos.
He referred to recent comments attributed to the Lagos State Deputy Governor, Obafemi Hamzat, on how low-income residents could cope with the city’s housing challenges.
“Just a few weeks ago, the Deputy Governor said if you are poor in Lagos, you don’t need to worry about rent, all you need to do is live with your parents,” Soweto said.
“In the 21st century, that cannot be a solution to the housing problem in Lagos.”
He maintained that low-income residents had a right to live and work in Lagos, regardless of their economic status.
“We continue to insist that poor and working-class people have the right to be in Lagos State. Lagos is a megacity for Nigerians, not just the elite,” he said.
The court subsequently adjourned the matter until October 26 for hearing.
