Court has granted bail to Taiwo ‘Soweto’ Hassan and Dele Frank who were arrested during the protest against illegal demolitions, forcible evictions and land grabbing in Lagos.
The Lagos State Police Command, Thursday, arraigned the two activists before a Yaba Chief Magistrate’s Court over their alleged involvement the protest. The defendants were arrested on Wednesday.
They were charged on five counts bordering on conspiracy, conduct likely to cause breach of the peace, threats, unlawful assembly, obstruction of traffic and singing abusive songs against the police and the Lagos State Government.
Prosecuting counsel, Anthony Ihiehie, told the court that Soweto, Frank and others still at large allegedly committed the offences on January 28, 2026, at Allen Avenue, Alausa and within the House of Assembly premises.
According to Ihiehie, the defendants engaged in conduct likely to cause a breach of peace, threatened violence, formed an unlawful assembly and obstructed the free flow of traffic.
He further alleged that they threatened members of the public who refused to join the protest, 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 and tarnish the image of the government.
The prosecutor said the offences contravened Sections 411, 56, 57 and 57(c) of the Criminal Law of Lagos State, 2015.
Proceedings took a dramatic turn when human rights lawyer, Femi Falana, SAN, announced his appearance for the defendants, prompting an objection from the prosecution.
Ihiehie argued that a 2025 Oyo State High Court judgment barred Senior Advocates of Nigeria, SANs, from appearing before lower courts.
Falana faulted the objection, insisting that Section 36(6)(c) of the 1999 Constitution guarantees every defendant the right to be defended by a legal practitioner of his choice.
He added that the judgment cited by the prosecution was not applicable in Lagos State, noting that Lagos laws expressly permit SANs to appear before Magistrates’ Courts.
Falana cited Section 9 of the Lagos Magistrates’ Court Law, which provides that all legal practitioners, irrespective of rank, may appear before any Magistrates’ Court in the state.
He described the objection as an attempt to delay proceedings, recalling 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 submission, holding that the rank of SAN was not a restriction to appearance in Magistrates’ Courts.
Following the ruling, Falana applied for bail on liberal terms, arguing that the charges violated Sections 39 and 40 of the Constitution on freedom of expression and assembly.
Opposing the application, the prosecution urged the court to impose stringent conditions, expressing concern that the defendants might return to protest if released.
In her decision, Magistrate Alaka granted the 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 they be released to him.
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