By Mercy Ben-kalio
Billionaire kidnapper Evans has won the first round of his court battle against the police as the Federal High Court sitting in Lagos on Wednesday, August 16 ruled that the fundamental rights enforcement suit filed by him can proceed.
The objections of the Lagos state Police Commissioner and the Special Anti-Robbery Squad was dismissed by Justice Abdulaziz Anka who agreed with counsel to Evans, Olukoya Ogungbeje, that service on the first and second .
In the case against Evans, the first and second respondents are the inspector general of Police and the Nigeria Police Force while other respondents are the Lagos state Police Commissioner and the Special Anti-Robbery Squad, Punch reports. Justice Anka in his ruling said that 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.
National daily had reported that counsel to the police Mr Eze argued that the suit was not ripe for hearing since the Inspector-General of Police and the commissioner have not been personally served.
In contradicting Eze’s argument, Ogungbeje insisted that Order 5 Rule 2 of the Fundamental Rights Enforcement Procedure Rules of 2009, gives him the opportunity to the agents of the respondent.