By Henry Ojelu, LAGOS
Taiwo “Soweto” Hassan and Dele Frank, who were detained during the demonstration against unlawful demolitions, forced evictions, and land grabs in Lagos, have been granted bail by the court.
Due to their alleged involvement in the demonstration, the two activists were charged before a Yaba Chief Magistrate’s Court on Thursday by the Lagos State Police Command. On Wednesday, the accused were taken into custody.
Five counts of conspiracy, behavior likely to create a breach of peace, threats, unlawful assembly, traffic obstruction, and singing derogatory songs against the Lagos State Government and the police were brought against them.
Anthony Ihiehie, the prosecutor, informed the court that Soweto, Frank, and other people who are still at large are accused of committing the crimes on January 28, 2026, at Allen Avenue in Alausa and on the grounds of the House of Assembly.
Ihiehie claims that the defendants created an illegal assembly, threatened violence, blocked the free flow of traffic, and engaged in behavior likely to provoke a breach of peace.
In order to provoke and damage the government’s reputation, he further claimed that they threatened people who declined to participate in the protest, blocked the highway with a car equipped with a public address system, and sang derogatory songs about the Lagos State Government and the police.
According to the prosecutor, the offenses violated Sections 411, 56, 57, and 57(c) of Lagos State’s 2015 Criminal Law.
To the accusations, both defendants entered not guilty pleas.
When human rights attorney Femi Falana, SAN, stated he would be representing the defendants, the prosecution objected, and the proceedings took a dramatic turn.
Ihiehie contended that a ruling from the Oyo State High Court in 2025 prohibited Senior Advocates of Nigeria, or SANs, from appearing in inferior courts.
Falana rejected the argument, arguing that every defendant has the right to be represented by a lawyer of his choosing under Section 36(6)(c) of the 1999 Constitution.
He also stated that the prosecution’s cited ruling did not apply in Lagos State, pointing out that Lagos rules specifically allow SANs to appear before Magistrates’ Courts.
Falana referenced Section 9 of the Lagos Magistrates’ Court Law, which states that all attorneys may appear before any Magistrates’ Court in the state, regardless of their position.
Recalling that he had previously been before the same court with another SAN without the police objecting, he characterized the opposition as an attempt to postpone proceedings.
Falana’s submission was upheld by Magistrate Mrs. I. O. Alaka, who ruled that the SAN rank did not prevent Falana from appearing in Magistrates’ Courts.
Falana claimed that the charges breached Sections 39 and 40 of the Constitution on freedom of expression and assembly when he requested for lenient terms of bail after the ruling.
Concerned that the detainees would return to protest if released, the prosecution opposed the application and asked the court to impose strict conditions.
In her ruling, Magistrate Alaka granted the defendants bail in the sum of N200,000 each, with two responsible sureties in similar quantity, and postponed the case to March 11, 2026, for mention.
