The court has heard the case of human rights abuse filed by alleged billionaire kidnapper, George Onwuamadike a.k.a Evans against th e Nigerian Police over his lengthy detention.
Presiding Judge, Justice Anka Abdulaziz, of the Lagos Federal High Court, on Wednesday, ordered that the fundamental human rights suit filed by Evans against the Nigeria Police, will be heard.
In the suit, Evans is also asking the court to 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.
However, Counsel to the respondents, Mr. Eze, on Tuesday August 15, 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. Owho have not been personally served with the court processes.
But Evans’ lawyer countered by 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.
Anka dismissed the objections of the Counsel to the Police, Eze Emmanuel, and agreed with the Counsel to Evans, Olukoya Ogungbeje, that service on the first and second respondents have been affected.
The first and second respondents in the suit, are the Inspector General of Police, the Nigeria Police Force. The other respondents, are the Lagos State Police Commissioner, and the Special Anti Robbery Squad, SARS.
Justice Anka, also ruled that leave was not required for the matter to be heard during vacation, as Order 4 Rule 5 of the Fundamental Rights Enforcement Procedure Rules of 2009, enjoins the court to pursue speed and justice on issues of fundamental human rights.
Justice Anka adjourned ruling on the case till August 16 after listening to the submissions of counsel to Evans, Olukoya Ogungbeje and that of the Special Anti-Robbery Squad and the Lagos State Commissioner of Police, Emmanuel Eze.
Recall that Evans had earlier sued the Nigerian Police claiming the sum of N300 million as general and exemplary damages against the Police for illegal detention and unconstitutional media trial.
Presiding Judge, Justice Anka Abdulaziz, of the Lagos Federal High Court, on Wednesday, ordered that the fundamental human rights suit filed by Evans against the Nigeria Police, will be heard.
In the suit, Evans is also asking the court to 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.
However, Counsel to the respondents, Mr. Eze, on Tuesday August 15, 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. Owho have not been personally served with the court processes.
But Evans’ lawyer countered by 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.
Anka dismissed the objections of the Counsel to the Police, Eze Emmanuel, and agreed with the Counsel to Evans, Olukoya Ogungbeje, that service on the first and second respondents have been affected.
The first and second respondents in the suit, are the Inspector General of Police, the Nigeria Police Force. The other respondents, are the Lagos State Police Commissioner, and the Special Anti Robbery Squad, SARS.
Justice Anka, also ruled that leave was not required for the matter to be heard during vacation, as Order 4 Rule 5 of the Fundamental Rights Enforcement Procedure Rules of 2009, enjoins the court to pursue speed and justice on issues of fundamental human rights.
Justice Anka adjourned ruling on the case till August 16 after listening to the submissions of counsel to Evans, Olukoya Ogungbeje and that of the Special Anti-Robbery Squad and the Lagos State Commissioner of Police, Emmanuel Eze.
Recall that Evans had earlier sued the Nigerian Police claiming the sum of N300 million as general and exemplary damages against the Police for illegal detention and unconstitutional media trial.
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