The Fundamental Rights Enforcement Suit filed by the counsel of
kidnapper, Chukwudumeme Onwuamadike better known as ‘Evans’ can proceed
according to the ruling of a Federal High Court Sitting in Lagos,
Wednesday.
The objections of Emmanuel Eze, the counsel for the third and fourth
respondent was dismissed by Justice Abdulaziz Anka who agreed with
Counsel to Evans, Olukoya Ogungbeje that service on the Ist and 2nd
respondent had been properly effected.
Before enjoining the court to pursue speed and justice on issues of
fundamental human rights, Justice Anka, in his ruling held 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.
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.
In the suit which had the Inspector General of Police and the Nigeria
Police Force as respondents, Evans is asking the court to declare that
his continued detention since June 10 without arraignment violates his
fundamental rights as guaranteed under the 1999 Constitution.
He also seeks a declaration that his parade on June 11 before
journalists at the Lagos Police Command Headquarters in Ikeja without
any court order was unconstitutional and illegal.
Evan wants the court to award him N300m as exemplary damages for his
alleged illegal detention and the alleged harm caused by his media
trial.
The suspected kidnapper asked the court to order the respondents to
immediately arraign him before a law court or release him from custody
forthwith.
