The Justice Abdulaziz Anka-led Federal High Court sitting in Lagos has adjourned till Wednesday the ruling on whether to hear a suit filed against the Nigeria Police Force, 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, a.k.a 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, 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.
But Justice Anka adjourned ruling on the case till August 16 after 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.