A Federal High Court sitting in Lagos on Tuesday, and led by Justice Abdulaziz Anka, has adjourned till Wednesday the ruling on whether to hear a suit filed against the Nigeria Police Force, the Commissioner of Police, Lagos State, Mr. Fatai Owoseni and the Special Anti-Robbery Squad, Lagos State Police Command by suspected notorious billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans.
Evans is claiming the sum of N300 million as general and exemplary damages against the Police for alleged illegal detention and unconstitutional media trial.
In the suit, the suspected notorious kidnapper asked the court to also declare that his continued detention since June 10 without arraignment violates his fundamental rights as guaranteed under the 1999 Constitution.
Evans, who asked the court to order the respondents to immediately arraign him before a law court or release him from custody forthwith, is also demanding that his parade on June 11 before journalists at the Lagos Police Command Headquarters in Ikeja without any court order was unconstitutional and illegal.
Counsel to the respondents, Emmanuel Eze, however, argued before Justice Anka that the suit should not be heard because the Inspector General of Police, Mr. Ibrahim Idris and the Lagos state Police Commissioner, Mr. Owoseni have not been personally served with the court processes.
Evans’ lawyer, Olukoya Ogungbeje countered, saying that the law, under Order 5 Rule 2 of the Fundamental Rights Enforcement Procedure Rules of 2009, allows him to serve the agents of the respondent.
After listening to the submissions of counsels to Evans, Ogungbeje and that of the Special Anti-Robbery Squad and the Lagos State Commissioner of Police, Eze, Justice Anka adjourned ruling on the case till Wednesday, August 16.
