A Tinubu Chief Magistrate’s Court in Lagos State has discharged and acquitted Alhaji Sikiru Alabi-McFoy Sikiru of a one-count charge of disorderly conduct filed by the police.
Chief Magistrate Adedamola Albert Paul delivered the ruling on June 4, 2026.
After reviewing all prosecution submissions, exhibits tendered, and witness evidence, the court upheld a “no-case submission” filed by the defendant and acquitted Alabi-McFoy.
In discharging and acquitting the elder statesman, the court held that “the prosecution failed to establish a prima facie case requiring McFoy to enter a defence”.
Charge and trial
McFoy had been charged by the Commissioner of Police on an amended charge alleging that he presented himself as the Baba Adinni of Lagos Central Mosque and disrupted public lectures organized by the substantive Chief Imam.
The police alleged that the conduct constituted disorderly behaviour punishable under Section 168(1)(d) of the Criminal Law of Lagos State, 2015.
During trial, the prosecution called seven witnesses and tendered several documents, including petitions, witness statements, newspaper publications, and an undertaking allegedly signed by the defendant.
At the close of the prosecution’s case, McFoy argued that none of the evidence presented established the essential ingredients of the offence.
Court findings
In a detailed ruling, Chief Magistrate Paul reviewed the testimonies of all seven prosecution witnesses and concluded that they largely focused on disputes surrounding the appointment and legitimacy of McFoy as Baba Adinni, rather than the specific allegation of disorderly conduct in the charge.
The court noted that key documentary exhibits, including a petition and statement made by the principal complainants, were not supported by oral testimony from their makers. As a result, the Chief Magistrate treated the documents as hearsay and accorded them little evidential value.
The court further held that the investigating police officer failed to establish that any Ramadan lecture was actually disrupted by the defendant.
Evidence before the court showed that a proposed lecture had been suspended following an undertaking by McFoy aimed at maintaining peace.
The Chief Magistrate stated that none of the prosecution witnesses provided credible evidence linking the defendant to conduct capable of causing a breach of the peace, which is a core element of the offence charged.
The court also observed that issues relating to the legitimacy of McFoy’s position as Baba Adinni were already the subject of separate proceedings before the Federal High Court and could not form the basis of the criminal charge before it.
Having found the prosecution’s case “severely perforated, watery and porous,” Chief Magistrate Paul ruled that no reasonable tribunal could convict on the evidence presented.
“The no-case submission is accordingly upheld. This case is therefore dismissed and the defendant, Alhaji Sikiru McFoy, is discharged and acquitted of the charge,” the court ruled.
