Court To Rule On Evans’ Fundamental Right Enforcement Application Today
A Federal High Court in Lagos presided over by Justice Abdulaziz Anka will on Wednesday, rule on whether or not to hear a fundamental rights enforcement suit filed by suspected billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans, challenging his arrest and continued detention by the police.
Justice Anka adjourned the application for ruling after listening to the submissions of counsel to Evans, Olukoya Ogungbeje and Counsel to the Special Anti-Robbery Squad and the Lagos State Police Commissioner, Emmanuel Eze.
In the suit, Evans is asking court for an order directing the respondents to immediately charge him to court in accordance with constitutional provisions, if there existed any case against him.
Or in the alternative, the court should issue an order, compelling the respondents to immediately release him unconditionally in the absence of any charge.
The other parties listed as respondents are the Inspector General of Police and the Nigeria Police Force which were not represented in court.
When the case came up for hearing on Tuesday, counsel to SARS, Emmanuel Eze told the court that the Suit was not ripe for hearing, as the Inspector General of Police and the Commissioner of Police, Lagos, who are distinct legal personalities have not been personally served with the court processes.
He said despite the hint of the court, Ogungbeje had yet to go to Abuja to serve the court processes on the IG and the NPF in their personal capacities.
The lawyer further maintained that Order 5, Rule 8 of the Fundamental Rights Enforcement Rules required that service of court papers on the IG and the NPF must be personal.
Eze also submitted that Ogungbeje had not sought the leave of the court for the case to be heard during the court’s vacation.
“Our submission is that they have not taken steps to clothe this court with jurisdiction to hear this case either during or after the court’s vacation,” he stated.
Counsel to Evans, Ogungbeje, however countered the submission by insisting 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 and that having served the legal section of the Nigerian Police Force Annex, Alagbon, Lagos, and same having been received, amounted to the respondents having been duly served.
He insisted that Eze had no right to speak for the IG and the NPF since he did not announce appearance for them and did not file a counter-affidavit to contradict the proof of service.
He urged the judge to note that the proof of service which was in the court’s records had not been contradicted.
After listening to the submissions of both parties, Justice Anka adjourned till Wednesday to rule on whether the fundamental rights suit could proceed.
In the suit, Evans is also seeking an order, compelling the respondents to jointly and severally, pay him the sum of N300 million as exemplary damages for his alleged illegal detention and alleged harm caused by his media trial.
The suit, marked, FHC/L/CS/1012/2017, Evans is contending that his continued detention by the respondents since June 10, 2017, without being charged to court or released on bail is an infringement on his fundamental human rights.
He argued that the respondents ought to have charged him to court in accordance with the provisions of Sections 35 and 36 of the Constitution.