Court backs kidnap kingpin's fundamental rights suit against the Police

dimeji akinloye

August 16, 2017 10:16 PM

The presiding judge agreed with Evans' lawyer, Olukoya Ogungbeje, that service on the third and fourth respondents has been properly effected.

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The Federal High Court Sitting in Lagos has dismissed applications to stall the fundamental human rights suit filed by suspected notorious kidnapper, Evans, against the police.

Born Chukwudumeme Onwuamadike, Evans had filed the suit against the Inspector General of Police, Ibrahim Idris and the Nigeria Police Force, who are the third and fourth respondents in the suit.

The other respondents are the Lagos State Police Commissioner and the Special Anti-Robbery Squad.

Counsel to the police, Emmanuel Eze, had opposed the hearing of the suit, arguing that the applicant has not served the court processes to the IGP and the Nigeria Police Force.

Eze also said that the applicant did not seek the leave of the court to hear the suit during the courts' vacation, which began last month.

He further said that Evans' lawyer, Olukoya Ogungbeje ought to seek the permission of the court to enable him serve court processes to the IGP as well as the Police Force at their headquarters in Abuja.

Delivering his ruling on Wednesday, August 16, the presiding judge, Abdulaziz Anka,dismissed Eze's arguments, saying that the applicant's lawyer did not have to travel to Abuja to serve court processes on the police since it had already been done at Alagbon, Lagos.

The judge noted that since Eze has been in contact with the IGP's office in Abuja, they ought to know about the suit and file their response.

Justice Anka said, "Counsel to the third and fourth respondents cannot open his mouth and speak otherwise when there is proof of service before the court.

"The court will proceed to hear the action as scheduled and all parties have right of appeal."

The judge, however, rejected a request by Evans' counsel to award N100,000 against the police for stalling the hearing of the suit.

dimeji akinloye