Kuti, who was released from custody on Tuesday night, had been on remand for six days on the orders of the court.
An attempt on Wednesday by the Police to arraign singer, Seun Kuti at the Sabo-Yaba Chief Magistrates’ Court in Lagos State has failed.
This followed the judge's refusal to allow Kuti be arraigned.
Kuti, who was released from custody on Tuesday night, had been on remand for six days on the orders of the court.
The police had on May 16 applied for remand of the musician over alleged assault on a police officer.
On Wednesday, Mr Cyril Ejiofor, who led a police legal team to the court, applied to the court to allow arraignment of the singer.
He said that the application was to formally bring charges against Kuti.
Kuti’s counsel, Mr Femi Falana (SAN), however, opposed the application.
He argued that the police refused to send the case file to Lagos State Director of Public Prosecutions (DPP) for advice, as directed by the Chief Magistrate, Mrs Adeola Olatubosun.
He urged the court not to let the police to prosecute and investigate at the same time.
Falana urged that the order given by the court should not be disregarded.
“The police should duplicate the case and transfer it for DPP’s advice,” Falana said.
In her ruling, Olatubosun held that she needed the DPP’s advice before proceeding with the case.
She adjourned the case until July 3 for mention.
The News Agency of Nigeria (NAN) reports that the police allege that Kuti assaulted a police officer on May 13 on the Third Mainland Bridge, Lagos State.
According to the police, Kuti slapped an inspector after driving dangerously on the bridge and deliberately blocking a moving police vehicle.