A Lagos Division of the Federal High Court fixed September 5 to
hear arguments from counsel on why he should not deliver judgment on the
fundamental rights application filed by Chukwudumeme Onwuamadike,
popularly known as Evans.
Justice Abdulaziz Anka had earlier fixed today, August 29, for
judgment but said he would not deliver judgment because there are
pending applications before him.
The judgment date was adjourned after
the police brought applications seeking to set aside the delivering of
the judgment, Premium Times reports.
"The question is, can I still go ahead when there are still motions
before me and the fact that the applicant refused service?" Mr. Anka
asked. "I’ve read the case file, I’ve seen the processes attached
inclusive of a court order."
Alleged kidnapper Evans won the first round of his court battle as
the Federal High Court sitting in Lagos dismissed the objections of the
Lagos state Police Commissioner and the Special Anti-Robbery Squad on
August 16 and ruled that the fundamental rights enforcement suit filed
by Evans can proceed.
The judge had adjourned on August 16 to deliver a judgment on the
fundamental rights application filed by "Evans" Onwuamadike. The first
and second respondents, the Inspector General of Police and the Nigeria
Police Force, did not send a legal representative throughout the
hearing.
But the Commissioner of Police in Lagos State and the Special
Anti-Robbery Squad, the third and fourth respondents, were represented
by lawyers who argued that their colleagues were not served the court
process.
On Tuesday, David Igbodo, a lawyer, announced appearance for the
first and second respondents, saying they did not receive any court
process in Abuja.
He said they had filed a motion before the judge
making five applications, including an order seeking to set aside the
ruling on August 16 as well as the adjournment for judgment without
hearing his clients.
Mr. Igbodo, a Commissioner of Police (Legal) also said the police was
seeking an order to set aside the purported application and submission
made by Henry Obiazi without authority, and an order granting leave to
the first and second respondents to file their counter affidavits.
Mr. Igbodo said: "Parties have been served though the applicant, I
was told, refused to accept service. The application is before your
lordship, it’s our belief that this court is a court of justice."
Evans' lawyer, Mr. Olukoya Ogungbeje, in his response said he never
received any application from the police, insisting that the last
adjournment had been for judgment and not to entertain fresh
applications.
"It is our strong view to the learned counsel to the first and second
respondents that his application is calculated to arrest the judgment
of the court," said Mr. Ogungbeje.
Premium Times report that after the judge said he would be unable to
go ahead with the judgment until the pending applications before him are
heard, the lawyers from both sides could not agree on the next date for
adjournment. Mr. Igbodo said he would be traveling to China on official
assignment next week and requested for a date in the last week of
September.
"This matter is very important to the IG (Inspector General). Before
that 25th (of September, the applicant will be charged to court," Mr.
Igbodo added.
But Mr. Ogungbeje disagreed, insisting that his client needs to know his fate as soon as possible.
The judge stood down the matter for both parties to agree on a date, and later adjourned to September 5 to hear arguments.
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