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“The Rank Of SAN Is Not A Restriction” — Magistrate Court Rules As Prosecutor Objects To Falana SAN Defending Soweto, Dele Frank In Demolition Protest Case

by Vincent Uju
January 30, 2026
in News
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“The Rank Of SAN Is Not A Restriction” — Magistrate Court Rules As Prosecutor Objects To Falana SAN Defending Soweto, Dele Frank In Demolition Protest Case
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*”Defendants Sang Abusive Songs Against Police And Lagos Government” — Prosecutor Alleges  Soweto, Dele Frank Granted N200,000 Bail Each

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The Lagos State Police Command on Thursday arraigned activist Hassan Taiwo (Soweto) and Dele Frank before the Yaba Chief Magistrate’s Court over their alleged roles in a protest against illegal demolitions, forcible evictions and land grabbing at the Lagos State House of Assembly.

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The police charged them with five counts of conspiracy, conduct likely to cause breach of peace, threats, unlawful assembly, obstruction of traffic and singing abusive songs against the police and the Lagos State Government.

Prosecutor Anthony Ihiehie told the court that the defendants conspired on January 28, 2026, at Allen Avenue, Alausa and the Assembly premises to engage in actions capable of causing a breach of peace, including threatening members of the public and obstructing traffic.

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The charge sheet detailed the following allegations:

Count One – Conduct Likely to Cause Breach of Peace: “That you TAIWO HASSAN A.K.A SOWETO ‘M’, DELE FRANK ‘M’ and others still at Large on the 28th day of January, 2026 at Ikeja, Allen Avenue, Alausa and the House of Assembly premises, Lagos within the aforementioned Magisterial District, conducted yourselves in a manner to cause the breach of peace and thereby committed an offence punishable under section 57 of the Criminal Law of Lagos State of Nigeria 2015.”

Count Two – Obstruction of Traffic: “That you TAIWO HASSAN A.K.A SOWETO ‘M’, DELE FRANK ‘M’ and others still at Large on the 28th day of January, 2026 at Ikeja, Allen Avenue, Alausa and the House of Assembly premises, Lagos within the aforementioned Magisterial District, obstructed the flow of traffic by blocking the public high way with vehicle carrying public address system and thereby committed an offence punishable under section 57 (C) the Criminal Law of Lagos state of Nigeria, 2015.”

Count Three – Singing Abusive Songs: “That you TAIWO HASSAN A.K.A SOWETO ‘M’, DELE FRANK ‘M’ and others still at Large on the 28th day of January, 2026 at Ikeja, Allen Avenue, Alausa and the House of Assembly premises, Lagos within the aforementioned Magisterial District did sing abusive songs against the police and the Lagos State Government with intent to provoke and tarnish the image of the Lagos State Government and thereby committed an offence punishable under section 57 (C) of the Criminal Law of Lagos State of Nigeria 2015.”

The police also alleged that the activists threatened to harm members of the public who did not join the protest, and sang “abusive songs” against the Lagos state government in a bid to incite the public.

Both defendants pleaded not guilty to all charges.

A mild drama occurred when human rights lawyer Femi Falana, SAN, announced his appearance for the defendants, and the prosecutor objected, citing a 2025 Oyo court decision allegedly barring Senior Advocates of Nigeria (SANs) from appearing before lower courts.

Falana countered that the Constitution and Lagos Magistrates’ Court Law expressly permit any legal practitioner, regardless of rank, to appear in magistrates’ courts.

The objection sparked a brief legal argument on whether Senior Advocates can represent clients in magistrate courts, with the prosecutor insisting on the Oyo court precedent while Falana relied on constitutional provisions.

Ruling on the objection, Magistrate I.O. Alaka agreed with Falana, stating emphatically that “the rank of SAN is not a restriction.”

The magistrate’s ruling effectively settled the question of whether Senior Advocates of Nigeria can appear before magistrate courts, affirming that legal practitioners of any rank are permitted to do so under existing laws.

This ruling is significant as it clarifies the position of the law on the appearance of SANs in lower courts, rejecting the prosecutor’s attempt to rely on an alleged Oyo State court decision.

The court subsequently granted the defendants bail of N200,000 each with two sureties and adjourned the case to March 11, 2026, for mention.

The bail conditions require each defendant to provide two sureties who must meet the court’s requirements for granting bail.

On Wednesday, January 28, 2026, protesters gathered at the Ikeja under-bridge in Lagos for demonstrations over the demolition exercises in Makoko, Owode Onirin, Oworonshoki, Otumara and Baba-Ijora communities.

The protesters, drawn from communities including Makoko, Oworonshoki, Owode-Onirin and Oko Baba, moved through Obafemi Awolowo road to the Lagos assembly complex in Alausa to demand proper relocation plans and compensation following the demolition of their properties.

Tags: special reports

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