Justice Abdulaziz Anka of a Lagos Federal High Court has fixed Wednesday to rule on whether or not it will proceed to hear the N300m fundamental rights enforcement suit filed by alleged billionaire kidnapper, Chukwudumeme Onwuamadike, also known as Evans.
Evans, through his lawyer, Olukoya Ogungbeje had filed the suit challenging his alleged unlawful detention by the police.
In the suit, Ogungbeje had contended that his client’s detention since June 10, 2017, without being charged to court is a violation of his fundamental rights under sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
During today’s court hearing, Ogungbeje informed the court that all the respondents had been served and that the suit was ripe for hearing.
Countering with his submission, counsel for the Lagos Commissioner of Police, Emmanuel Eze, said the Nigeria Police Force had not been duly served and as such the case could not be heard.
Eze 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.
“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,” Eze said.
After listening to the arguments of both lawyers, Justice Anka adjourned till Wednesday for a ruling.