Senior Advocates of Nigeria, Femi Falana and Adeyinka Olumide-Fusika, who are both attorneys to Afrobeat musician, Seun Kuti, have said their client’s travel to Switzerland on Thursday amid his ongoing case with the police, is not unlawful or illegal.

The senior lawyers also noted that Kuti is currently not being prosecuted in court by the Nigeria Police Force or any other prosecuting authority.

The musician jetted out to Switzerland on Thursday to kick off his Europe tour in Zurich.

Mr Kuti confirmed this on his Instagram story on Thursday, while sharing a picture of himself on the plane with the caption, “Euro tour kicks off tonight in Zurich.”

This follows the singer’s release on bail on Tuesday night, following his nine days detention in police custody for allegedly assaulting a police officer.

Reacting to the development following an inquiry by our correspondent on Thursday, Falana said, “Seun Kuti will stand his trial. Also, the Magistrate has ordered the police to send the case file to the Department of Public Prosecution.

“Anytime he is required to stand his trial, he will appear in court. Seun Kuti is presumed innocent until the contrary is proven. As far as we’re concerned, once the state files a charge and a date is fixed for arraignment, he will be in court

“There’s nothing illegal about a person travelling out of the country while they’re on bail. The issue of depositing his passport was not one of the conditions for his bail. As far as we’re concerned, once the state files a charge and a date is fixed for arraignment.”

However, Adeyinka Olumide-Fusika, SAN, noted that Seun Kuti is currently not being prosecuted, adding that it was left to the DDP to make a decision on the matter once it receives the case file.

Olumide-Fusika said, “He will surely be in court on July 3, 2023, and on each day he’s required to appear. It should, however, be noted that Mr Seun Kuti is not being prosecuted in court whether by the NPF or any other prosecuting authority.

“The DPP, after receiving and studying the police investigation file will decide the offences Mr Kuti is to be charged with. It is after being charged with specific offences that Mr Kuti will be arraigned to take his plea. If he pleads not guilty, trial dates will be set, and the trial will take place. If he pleads guilty, he will be sentenced to appropriate punishment.”

The police had earlier prevailed on the court to grant it the right to prosecute Kuti, stating that Section 23 of the Police Act gives the police the right to not only arrest but also prosecute suspects.

On Wednesday, the police prosecuting team led by Morufu Animashaun applied to vacate the remand application presented in court on May 16 and arraign the defendant properly in order to focus on his prosecution.

However, the Yaba Magistrates Court of Adeola Olatunbosun on Wednesday ruled that the police cannot be the complainant and also the prosecutor at the same time.

Olatubosun said, “I need the advice of the DPP to know whether he should be prosecuted or not.”

She thus adjourned the case till July 3, 2023, for the DPP’s advice.

When contacted for comments, the Lagos State Police Public Relations Officer, Benjamin Hundeyin, said he was not authorised to speak on the matter.

“I am not authorised to speak on Seun Kuti’s matter, please. Kindly contact the Head of Chambers, Nigeria Police Force, Deputy Commissioner of Police, Simon Lough, SAN,” Hundeyin said.

However, DCP Lough didn’t respond to phone calls and text messages by our correspondent on Thursday.

An Islamic cleric, Sheikh Yelma’e said Islam forbids him from praying for the late popular actor, Murphy Afolabi because he mostly used his roles in movies to promote actions that are contrary to the values of Islam.

The cleric stated this in a video clip posted on YouTube on Thursday.

He said he would never pray for Afolabi because he usually acted as herbalist, among other roles forbidden in Islam.

The cleric noted that there was a need for religious teachers and students to start reflecting on the portrayal of actions against Islamic teachings.

According to him, praying for Afolabi’s departed soul especially when most of his roles in films contravened Islamic practice would amount to hypocrisy.

He said, “What we posted yesterday was that we cannot pray for (late) Murphy Afolabi because in the movies he usually acts, and particularly Yoruba movies, it has a lot of forbidden things including traditional sacrifices and it is rare for the actors not to be involved in such traditional sacrifices.

“They might be acting that way with the thinking that they are joking but anything that has to do with Almighty Allah should not be joked with. Acting like herbalist, witch, or wizard, is against Islamic teachings and Islam is against such actions.

“What will make a Muslim start using what nonbelievers do to make people laugh? It is common in Yoruba, Hausa and Igbo films, but mostly in Yoruba films. I feel it is time for religious teachers and students to start looking into these issues.

“When any of these actors with a Muslim name acts like herbalist in Yoruba movies and later dies, it becomes hypocritical for people to expect us to pray for them. As for Murphy Afolabi, I won’t pray for him, and neither will I curse him because he might not know.”

Meanwhile, a lecturer in Film and Media Arts, Department of Theatre Arts and Music, Lagos State University, Dr Femi Olugboji, said scholars have argued that Islam forbids the portrayal of images of human beings whether through television, photography or the creation of statues.

He said they also argued about the importance of information whether through entertainment or news stories or other means.

He said, “They (scholars) said Islam does not forbid education through the portrayal of human images but what Islam forbids is the way human beings, especially women, are portrayed through their mode of dressing, and as well as the content that misleads the public.

“What is the intent of Murphy Afolabi’s acting roles in line with what the cleric mentioned? Is it to correct society? Were his actions in those films to correct the ills in society or was it to mislead the society? We need to be very objective by taking a deep look at his works to see what he was trying to achieve or achieved through the actions he displayed in his films.

“The cleric to some extent may be wrong; if for example I assume a role of an herbalist and through that role I used it to correct something wrong in society, does it mean I have committed a sin? What exactly does the cleric know about the media and media content? He is looking at the issue from his personal belief and not Islamic religion.”

Olugboji said there was a need for movie practitioners to understand the audience and what they want from the media, adding that entertainers and performers would want to satisfy the needs of the audience.

He said, “If the audience felt that Murphy Afolabi’s works during his lifetime were misleading, he wouldn’t have been as popular as he was when he was alive. This means that to a large extent, he achieved a goal in society through his works.

“We should understand that every individual in the society evolves from a socio-cultural and religious background and based on the background that we evolve from; we have enough that can build media literacy that can help us to judge or decide between what is good or bad in the media.”

Recall that the Nollywood industry was thrown into mourning over the death of the Osun-born actor, who died at the age of 49.