Anka gave the ruling while dismissing the objections of counsel to the Nigeria Police Force, Emmanuel Eze, during proceedings in Evans’ N300m suit.
The judge agreed with Counsel to Evans, Olukoya Ogungbeje that service on the first and second respondents in the case had been properly effected.
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.
Justice Anka also ruled 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.
Evans, through his lawyer had filed a N300m lawsuit against the police, challenging his continued detention since June 10 without arraignment.
The billionaire kidnapper is asking the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.
dailypost.
*Please the Lawyers in the house should explain this post carefully before i start screaming
Stella, why do u want to scream? They have been keeping this yeye man in detention since June 10 without arraigning him in court and that means it's against his fundamental human right.
ReplyDeleteSend him to court and pass judgement. That's all.
Money gives you good lawyers. Hehehehehe
He could actually win this particular case fa
ReplyDeleteThis country is a joke
ReplyDeleteI don't blame him na. Someone that jungle justice should have killed teytey. They started displaying him and giving him pressed designer shirt to wear.
ReplyDeleteHow about the human right of those he killed and those he chained up for months.
Why is Nigerian police allowing this crap. Is it becos he is a billionaire. When did hardened criminals start taking police force to court and suing them.
I know they can't award him any money. This is delayed tactics used by him.
I wish one of his victims can bodly come out and sue him also.
Why do you think he is guilty of those crimes? E be like you are a stranger in Nigeria. You can be framed up by Nigerian police in a twinkle of an eye. I was a victim of such circumstance and since then I hardly believe any police report.
Delete#DontQuoteMe
Sued ke! Those people that he hurt should go after his father, wife and kids, kill all of them and let him feel the pain. I'm so fucking pissed!
DeleteWhat a country ?
ReplyDeleteImagine rubbish so if you commit any crime in this country, as far as you have money, you will win the case in court. Why will crime be eradicated in this country,?
ReplyDeleteYou people have not heard of a serial killer being let off the hook simply because Police didn't do the right thing?
ReplyDeleteA simple error like not reading the Miranda rights can make or mar a case now.
Even a lack of search warrant can swing in the favor of a notorious Drug pusher.
When they were carrying him up and down,I kept asking if they had covered all the loop holes this wicked man will use to embarrass the force.
But he can win whatever petition,not the charges heaped on his head,he is probably gnashing his teeth now regretting why he sang like a Canary😂😂😂😂
I have a feeling you are a fan of Law & Order SVU. Yes or No?
DeleteWe plenty oh. My best TV program by far.
DeleteI dimt blame him
ReplyDeleteI am not surprised.
ReplyDeleteIn my country Nigeria,anything is possible.
This lawyer finally got the fame he was looking for.
ReplyDeleteThey got to be kidding, win what😟
ReplyDeleteSave your breath, sweetie. Nothing to scream about yet. I have a feeling the screaming will come much later.
ReplyDelete
Evans' lawyer filed a fundamental rights enforcement suit on behalf of Evans challenging his continuous detention without arraignment, this suit is to be heard in court. However, the Nigerian Police Force raised an objection, challenging the court's jurisdiction to hear Evans' suit on the ground of improper service on the 1st and 2nd respondents (the IG and the NPF). In law, service is fundamental and if there's proof of improper service, the suit will be struck out for want of jurisdiction. I'm guessing they were hoping the court will strike out the suit. Some parties use this as delay tactics to stall for more time.
The court, however, was of the opinion that there was proper service on the I.G and the NPF. So the court will proceed to hear Evans' suit. The hearing of the suit is about to commence, so it's too early to react. No matter how ridiculous a suit is, the principle of fair hearing is that the court must allow an aggrieved party ventilate his claim. After hearing the suit, the court may decide to dismiss Evans' suit, if the court is of the opinion that the suit lacks merit. However, if the court feels Evans' suit has merit, it will order the IG and the NPF to pay some money as damages to Evans. Usually, a court would not grant the exact amount being asked for but it would be something substantial, purely by the court's discretion.
This issue is, since Evans has not been formally charged, there's no criminal case against him. So he can challenge his continuous detention, which he is doing through this suit. Even if he wins this case, he will still face criminal charges for kidnapping and other related offences, when the state is ready to try him. What this post is stating is, the court has agreed to hear Evans' suit against the I.G, Nigerian Police Force and SARS. Nothing has been awarded yet.
Thank you for the explanation,
DeleteRonald's I am an attorney and your explanation is solid. If they truly did not charge him then they erred. What they should have done was charge him for one offense and then keep adding additional charges as their investigation broadened. You cannot detain anyone without charges for that length of time. All that said Evans is an asshole.
DeleteThe rule of court is that leave of the court must be sought for cases to be heard during vacation,however the fundamental rights enforcement rules is an exception which the judge has ruled upon. In any event the case has been heard and slated for judgment,let us wait for the outcome.
ReplyDeleteAnd d political fraud continues...
ReplyDeleteA political kidnapper, political trial, political victory. Cunts
ReplyDeleteStella don't worry, I'm so interested in the outcome of this case.He's not gonna go free at all. If the Nigerian police should free him, We,😈the mamalawos of Nigeria will not free him or his family, just watch and see.😈😈😈😈😈😈
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