The Federal High Court siting in Lagos on Wednesday has dismissed the objection of the Nigerian police to the hearing of the N300m fundamental rights suit filed by suspected kidnap kingpin, Chukwudumeme Onwuamadike, popularly known as Evans.
The Justice Abdulaziz Anka, in the Wednesday, ruling dismissed the argument by the police which claimed that the case was not ripe for hearing on the ground that the Inspector-General of Police and the Nigeria Police Force were served with court papers in Lagos rather than in Abuja.
Justice Anka in his ruling uphold the argument of Mr. Olukoya Ogungbeje, counsel to Evans that by virtue of Order 5 Rule 2 of the Fundamental Rights Procedure Rules 2009, the IG and the NPF were rightly served through their agents at Alagbon in Lagos.
Justice Anka also ruled that Mr. Emmanuel Eze, who appeared for the 3rd and 4th respondents in the case, had no right to speak for the IG and the NPF, which were joined in the suit as the 1st and 2nd respondents respectively.
Ogungbeje during the argument insisted that the police had violated Evans’ rights by detaining him since June 10, 2017, without charging him to court.
According to Ogungbeje the continued detention of Evans without a court order was unlawful and a violation of the suspect’s rights under sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
Justice Anka however after much argument adjourned the case till August 29, 2017, for judgment.
