182 Views

Evans: Court Rules On Billionaire Kidnapper’s Case Today

The Federal High Court in Lagos has fixed Wednesday (today) to rule on whether or not it will proceed to hear the N300m fundamental rights enforcement suit filed by a suspected kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a. Evans.

Evans, through his lawyer, Mr. Olukoya Ogungbeje, filed the suit to challenge his alleged unlawful detention by the police.

He is contending that his detention in the police custody 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.

He wants the court to award N300m damages in his favour against the police.

Joined as respondents in the suit are the Inspector-General of Police, the Nigeria Police Force, the Commissioner of Police, Lagos State and the Special Anti-Robbery Squad.

When the matter was called on Tuesday before Justice Abdulaziz Anka, Evans’ lawyer, Ogungbeje, told the court that all the respondents had been served and that the suit was ripe for hearing.

But countering him, counsel for the Lagos CP and SARS, Mr. Emmanuel Eze, said the IG and the Nigeria Police Force had not been duly served and as such the case could not be heard.

He 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.

Eze argued that Order 5 Rule 8 of the Fundamental Rights Enforcement Rules required that service of court papers on the IG and the NPF must be personal.

ALSO READ  Billionaire Kidnapper Evans’ Whereabouts Unknown?…!!

Besides, he contended that Ogungbeje had not sought the leave of the court for the case to be heard during the court’s vacation.

“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.

But Ogungbeje argued that by virtue of Order 5 Rule 2 of the Fundamental Rights Procedure Rules 2009, the IG and the NPF could be served through their agents and had thus been served through their legal offices at Alagbon, Lagos.

“The 1st and 2nd defendants have been duly served by the bailiff of this court on the 29th of June, 2017. The proof of service, as done by the bailiff of this court, is in Your Lordship’s file. I urge Your Lordship to rely heavily on the proof of service in Your Lordship’s file,” Ogungbeje said.

He argued further that Eze had no right to speak for the IG and the NPF, since he did not announce appearance for them and did not file a counter-affidavit to contradict the proof of service.

Urging the judge to go ahead and hear the application, Ogungbeje added that a defendant in a civil case could not be compelled to appear in court if he chose to stay away.

“As we speak, the applicant is still in detention. The coast is clear and we urge Your Lordship to allow us take this application,” Ogungbeje said.

After taking arguments from both lawyers, Justice Anka adjourned till Wednesday (today) for ruling.

Get the best viral stories straight into your inbox!

Don't worry, we don't spam

Leave a Comment

Your email address will not be published.

Latest Posts

Wizkid Advises Davido Against Twitter Fight – “Forget Them OBO”
Entertainment
61 views
Entertainment
61 views

Wizkid Advises Davido Against Twitter Fight – “Forget Them OBO”

MT - February 23, 2018

The Wizkid– Davido friendship that shocked the entire country at the tail end of last year, has become a bond so strong that it recently passed a…

Lovely Birthday Photos Of Comedian Woli Arole
Entertainment
64 views
Entertainment
64 views

Lovely Birthday Photos Of Comedian Woli Arole

MT - February 23, 2018

  Woli Arole, real name Oluwatoyin Bayegun is a comedian that became popular through his skits on Instagram, fast forward years later and he has added actor,…

7 Fascinating Facts You Need To Know About Former Mr. Nigeria And Actor, Kenneth Okolie
Entertainment
55 views
Entertainment
55 views

7 Fascinating Facts You Need To Know About Former Mr. Nigeria And Actor, Kenneth Okolie

MT - February 23, 2018

  Kenneth Okolie came to limelight when he won the first Mr. Nigeria title in 2010. He followed this by moving to Nollywood industry and now he…

Meet The Proud Chelsea Fan Who Gave Birth To Twins During Champions League Match (Photos)
Inspiring
54 views
Inspiring
54 views

Meet The Proud Chelsea Fan Who Gave Birth To Twins During Champions League Match (Photos)

MT - February 23, 2018

A proud Nigerian mother identified as James Juliet has dedicated her new born twins to Chelsea Football Club. According to the new mother who was pregnant for…

‘Why Tithing Is Not Compulsory And Shouldn’t Be Compelled To Pay’ – Pastor Tunde Bakare
Religion
53 views
Religion
53 views

‘Why Tithing Is Not Compulsory And Shouldn’t Be Compelled To Pay’ – Pastor Tunde Bakare

MT - February 23, 2018

While speaking in an interview with BBC, Nigerian Prophetic-Apostolic pastor, and the founder of Latter Rain Assembly in Lagos, Pastor Tunde Bakare in on the controversial debate of "Tithing" and…

Ferrari Unveils Photos Of 488 Pista Ahead Of 2018 Geneva Motor Show [Photos]
Technology
50 views
Technology
50 views

Ferrari Unveils Photos Of 488 Pista Ahead Of 2018 Geneva Motor Show [Photos]

MT - February 23, 2018

  The rightful successor to Ferrari’s V8 special series, the ‘488 Pista,’ is to be unveiled at the 2018 Geneva motor show. Based on the translation of…

Unbelievable: Meet The Nigerian Author Of 5 Books Who Reportedly Sells ‘Zobo Drink’ On The Streets (Photos)
Inspiring
66 views
Inspiring
66 views

Unbelievable: Meet The Nigerian Author Of 5 Books Who Reportedly Sells ‘Zobo Drink’ On The Streets (Photos)

MT - February 23, 2018

If the report by Premium Times is anything to go by, then one could say it's really a mixed reactions scenario for this young man. The report…

Meet The Top 5 Richest People In Nigeria
Profiles
56 views
Profiles
56 views

Meet The Top 5 Richest People In Nigeria

PH - February 23, 2018

Nigeria is home to numerous well off people. Amazingly, the wealthiest man in Africa is a Nigerian while the second wealthiest African lady is additionally a Nigerian.…

In Photos: Moment Olu Of Warri Kingdom, His Majesty Ogiame Ikenwole Visited Buhari In Aso Villa
Art, History and Culture
55 views
Art, History and Culture
55 views

In Photos: Moment Olu Of Warri Kingdom, His Majesty Ogiame Ikenwole Visited Buhari In Aso Villa

MT - February 23, 2018

The Olu of Warri Kingdom, His Majesty Ogiame Ikenwole leading members of his cabinet to the Presidential Villa for a meeting with President Muhammadu on Friday. (c)…

Highlights On The Most Richest Musicians In Nigeria…. You’ll Be Surprised!
Entertainment
58 views
Entertainment
58 views

Highlights On The Most Richest Musicians In Nigeria…. You’ll Be Surprised!

PH - February 23, 2018

They are one of the very important people in the country. the money circulating in the Nigerian music industry is a very enviable sum. Asides the showbiz-life,…

10 Ways To Fall In Love With Your Partner All Over Again
Romance and Love
51 views
Romance and Love
51 views

10 Ways To Fall In Love With Your Partner All Over Again

PH - February 23, 2018

Even if you and your SO are still very much in love, there are always ways to make that flame burn even stronger. Certain things just remind…

How Federal Government Spent N65 Million on Website
Politics
51 views
Politics
51 views

How Federal Government Spent N65 Million on Website

PH - February 23, 2018

The Office of the Secretary of the Government of the Federation, OSGF, has explained how N65 million was spent on a website. A review of the 2017…

Little Boy Who Photobombed A Viral Wedding Photo Lands Endorsement Deal
Entertainment
70 views
Entertainment
70 views

Little Boy Who Photobombed A Viral Wedding Photo Lands Endorsement Deal

PH - February 23, 2018

Oluwatobiloba Michael Falana, the cute little boy that photobombed the viral wedding photo last year is now a brand ambassador for Qtaby events, a talent and event…

Tips On How You Can Reduce That Pesky Belly Fat
Food and Health
61 views
Food and Health
61 views

Tips On How You Can Reduce That Pesky Belly Fat

PH - February 23, 2018

Getting rid of belly fat is not only for making your clothes fitted and smart, it is much more than that. Fat in the belly area is…

How Woman Allegedly Forged Police AIG’s Letter To Get 33,000 Litres Of Fuel
Shocking
51 views
Shocking
51 views

How Woman Allegedly Forged Police AIG’s Letter To Get 33,000 Litres Of Fuel

MT - February 23, 2018

 a 47-year-old woman identified as Jero Nwoze appeared before an Igbosere Magistrate’s Court in Lagos, yesterday, over alleged forgery of a letter purportedly written by an Assistant Inspector General…

LIST: Here Are 6 Yummy Yoruba Delicacies That Are Worth Trying (With Picture)
Best of Nigeria
58 views
Best of Nigeria
58 views

LIST: Here Are 6 Yummy Yoruba Delicacies That Are Worth Trying (With Picture)

MT - February 23, 2018

The best way to most people’s heart is via good food and entertainment. This is one thing the Yoruba tribe are very good at doing. Yorubas have…

Viral Photos: Pregnant Woman Takes Her Maternity Shoot To Another Level With Hubby
Romance and Love
70 views
Romance and Love
70 views

Viral Photos: Pregnant Woman Takes Her Maternity Shoot To Another Level With Hubby

MT - February 23, 2018

Check out these artistic maternity photos that has got people talking for obvious reasons. the pictures have since gone viral since their release on social media. In…

Fela Durotoye Speaks On 2019 Election
Politics
81 views
Politics
81 views

Fela Durotoye Speaks On 2019 Election

PH - February 22, 2018

Fela Durotoye, a consulting guru, leadership coach and public speaker, says he will be running for president, come 2019. The 46-year-old declared his intentions on Thursday, adding…

Loading...