Magistrate Fabayo Azore recently rejected the submission by Attorney Nigel Hughes that the charge against Tacoma Ogunseye was bad in law.
According to a police release the magistrate made the ruling on April 27, at the Vigilance Magistrate’s Court and adjourned the case to May 11 for disclosure of statements.
Ogunseye was charged with attempting to excite hostility or ill will on the grounds of race, contrary to Section 2(3) of the Racial Hostility Act Chapter 23:01.
Hughes had submitted to the court that the charge was bad in law as it was brought under the penalty section of the Act and not the offence-creating section.
Prosecutor Mandel Moore had responded that the accused was charged under the correct section and cited cases to support his argument.
Police had issued a wanted bulletin for Ogunseye over public statements he made on March 9 at Buxton.
Ogunseye turned himself over to the police on March 31.
