The last hurdle against hearing of the N300 million fundamental rights suit slammed on the police by alleged kidnap kingpin Chukwudumeme Onwuamadike (Evans) was scaled yesterday as a Federal High Court in Lagos ruled that the suit can now proceed.
Justice Abdulaziz Anka dismissed the objections of Emmanuel Eze, the counsel for the third and fourth respondents, and agreed with counsel to Evans, Olukoya Ogungbeje, that service on the first and second respondents had been properly effected.
The first and second respondents in the suit are the Inspector General of Police and the Nigeria Police Force.
The other respondents are the Lagos State Police Commissioner and the Special Anti-Robbery Squad.
In his ruling, Justice Anka also 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 enjoins the court to pursue speed and justice on issues of fundamental human rights.
In the application, the suspected kidnapper, Evans, is challenging his continued detention since June 10 without arraignment.
He claims that his parade on June 11 before journalists at the Lagos Police Command headquarters in Ikeja, without a court order, is unconstitutional and illegal.
Evan wanted the court to award him N300 million as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.
He also asked the court to order the police authorities to immediately arraign him before a law court, or release him from custody.
