Renowned Senior Advocate of Nigeria (SAN), Adeyinka Olumide-Fusika, has criticized the conduct of Deputy Commissioner of Police (DCP) Lough in the ongoing case involving musician Seun Kuti. In an open letter addressed to Mr. Lough, Olumide-Fusika expressed concern over the officer’s public statement urging Kuti’s defense team to avoid engaging in a media trial and instead allow the judicial process to proceed.
Olumide-Fusika pointed out the irony in Mr. Lough’s approach, noting that if he wished to communicate with the defense team, it would have been more appropriate to do so privately rather than broadcasting the message to the world via a tweet. The SAN acknowledged that as a law enforcement officer, Mr. Lough is obligated to follow orders from his superiors within the Nigeria Police Force.
In his letter, Olumide-Fusika emphasized the potential ethical implications of Mr. Lough’s actions during a court session. He highlighted that the bail granted to Seun Kuti was not at the request of the police or their legal team, but rather a result of an oral application made by Kuti’s defense team. Olumide-Fusika emphasized that any application to vary the bail terms should have been made with notice to Kuti’s defense team, in order to uphold the principles of justice and avoid undermining the rule of law.
The Senior Advocate of Nigeria also addressed Mr. Lough’s statement regarding the taking of photographs of suspects for identification purposes. Olumide-Fusika pointed out that Kuti voluntarily presented himself at the Lagos State Command on May 15, 2023, and questioned the legal basis for the police’s circulation of the photographs to the media and the public. Referring to the Administration of Criminal Justice (Amendment) Bill signed into law by Governor Babajide Sanwo-Olu in September 2021, Olumide-Fusika highlighted Section 9(a), which explicitly prohibits the parading of suspects before the media.
Furthermore, Olumide-Fusika disputed Mr. Lough’s claim that Kuti exhibited a tendency for violence, including an alleged attack on a police officer in uniform. He stated that Kuti’s wife had not made any complaint against her husband, and the police commissioner to whom Kuti reported did not report any violence or threats from the musician. Olumide-Fusika accused Mr. Lough of making sweeping insinuations against Kuti, which he believed belittled his status as a Senior Advocate of Nigeria.
Expressing concern over the treatment of Seun Kuti since his surrender to the police on May 15, Olumide-Fusika demanded clarity on when Kuti would be formally charged for the alleged offense. He urged Mr. Lough, as a lawyer and Senior Advocate of Nigeria, to counsel the police to adhere to the order of the Magistrate Court by sending the case file to the Lagos State Director of Public Prosecution for evaluation and possible prosecution in court.
Olumide-Fusika refuted any claims of the defense team engaging in a media trial, stating that their responses were merely cautionary measures against the police’s public statements while Kuti remained in detention.
The defense team of Seun Kuti appreciated the support of Olumide-Fusika and reiterated their commitment to upholding the principles of justice in the case.
