Makoko eviction case: Hearing for Soweto and Frank postponed until May 8

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.. as Lagos Court, Falana battles over seized protest items

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By Elizabeth Osayande & Ifunanya Ndigwe

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Magistrate Mrs I. O. Alaka of the Yaba Magistrate Court on Friday, adjourned the trial of Comrade Hassan ‘Soweto’ Taiwo and Comrade Dele Frank until May 8, 2026.

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Also, the court reserved its ruling for that date regarding an application seeking the release of various items seized by the police during a January protest against community demolitions in Lagos State.

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Senior Advocate of Nigeria, SAN, Femi Falana, representing the defendants, urged the court to release the properties on bond, a request the police prosecution has continued to oppose.

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The items in question, which include a generator, DJ music equipment, a first aid box, and bags containing cash and flight tickets, were confiscated during the January 28 protest involving Soweto and Frank.

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Opening his argument, Falana stated that the application was brought pursuant to the Constitution of the Federal Republic of Nigeria and the Administration of Criminal Justice Law of Lagos State. He argued that the court possesses the absolute power to order the return of property to a person charged if it is consistent with the interests of justice.

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“The prosecution ought to have filed a report identifying these items seized and what to do with them under Section 5, Subsection 4. That has not been done, they don’t want the court to intervene. I point to the court, therefore, to order the release of these items on bond.

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“Money is involved, especially the bag containing the sum of N15,000 and the other bag containing two flight tickets valued at N30,000 each. These are materials that this honourable court can ask us to produce whenever the case comes up for trial,” Falana said.

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The Senior Advocate further argued that while the police had released the vehicle used by the DJ, they continued to hold onto the equipment. He noted that since the items have not yet been tendered as exhibits before the court, they should be released to the owners on the condition that they are produced when needed for trial.

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Responding to the application, the police prosecutor, Assistant Superintendent of Police, Anthony Ihiehie, informed the court that the prosecution would rely on a counter-affidavit to oppose the release. The prosecution argued that the legal provisions cited by the defence applied to requests made before an arraignment, rather than after a case had commenced in court.

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Ihiehie further contended that releasing the items, which form part of the evidence for the trial, posed a risk.

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“Any exhibit cannot be released on bond unless it has been tendered before the court. Releasing an exhibit that has not been tendered in evidence, there is a likelihood that it could be tampered with,” the prosecutor argued.

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Protest outside

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Outside the courtroom, supporters of the activists remained defiant. National Coordinator of the Education Rights Campaign, Soweto, addressed the crowd, calling for continued solidarity.

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“This is a call to all Nigerians to stand in solidarity with the people of Makoko. What happened there can happen anywhere if we allow the state to abuse its power this way. We are here today to show that we are not backing down. The struggle for justice for the urban poor is a struggle for the soul of our nation. Solidarity forever!” Soweto said.

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Echoing these sentiments, Socialist and Revolutionary Activist, Comrade Francis Nwapa, described the state’s actions as an abuse of the judicial process.

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“We are here today because of the struggle that happened on the 28th of January 2026, where community members within Makoko, Oworonshoki, Oko-Agbon, and Iwaya participated in a peaceful protest against forced eviction and demolition of houses. We are here to show that we are law-abiding citizens and we will not submit our rights to civilian dictators,” Nwapa said.

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Assistant Executive Director of Corporate Accountability and Public Participation Africa, Zikora Ibeh, described the trial as a waste of public resources and an embarrassment to the court.

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“It is clear before the court that this case is a sham trial. We do not have money for anything in this country, yet we have money to persecute people who have done nothing wrong but just speak out against the unjust killing of young men and old people in Makoko. We are just asking the police to honourably bow out of this case,” Ibeh added.

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