Police Application Stalls Ruling On Evans Fundamental Rights Suit
Judgement in the fundamental rights enforcement suit filed by the suspected kidnapper, Chukwudumeme Onwuamadike (a.k.a. Evans), to challenge his continued detention since June 10, 2017, at a Federal High Court in Lagos was on Tuesday stalled owing to an application filed by the Inspector General of Police (IGP), Ibrahim Idris.
At the resumed hearing of the matter to today, lawyer representing the IGP and the Nigeria Police Force (NPF), David Igbodo, while drawing the court’s attention to the application, said his clients deserved to be heard before any judgement can be delivered in the matter.
According to him, one of the reasons for bringing the application is to urge the court to nullify the appearance and submissions of one, Henry Obiazi, who appeared for both the IGP and NPF on August 16, when the matter was fixed for judgement.
He said the lawyer was not authorised by either the IGP or the NPF to represent them in court.
Consequently, he is asking the court to set aside the ruling delivered at the last hearing when the matter was fixed for judgement without hearing the IGP and the NPF.
While urging the court to allow him move the application, Igbodo said other respondents in the matter have been served but the applicant rejected service.
In his response, Evans lawyer, Olukoya Ogungbeje, expressed his opposition to the hearing of the application, saying it was intended to arrest the court’s judgement.
He also faulted claims by Igbodo that he evaded service of the application on him.
According to him, there is nothing before the court again after parties have canvassed arguments and a date for judgement fixed.
Ogungbeje’s opposition was however overruled by the judge on the ground that there are proof that he actually evaded service.
Hearing of the application has been fixed for September 5.