Justice Chuka Obiozor adjourned the suit after declining to entertain the case today on the basis that ‘Evans’ lawyer, Mr Olukoya Ogungbeje, had yet to pay the punitive cost of N20,000 awarded against him at the last adjourned date.
Justice Abdulaziz Anka, who awarded the punitive cost against Ogungbeje on July 13, had said the lawyer would not be given audience in court until he paid the N20,000 to the police for failing to inform them of his absence in court at the last sitting
Counsel to the Commissioner of Police in Lagos, Mr Effiong Asuquo, noted that Ogungbeje gave him a post-dated cheque for N20,000 but he rejected it, as it was not the order of the court.
Justice Obiozor agreed with the police lawyer and directed Ogungbeje to comply with the order and pay up the cost awarded against him.
The judge also directed the lawyer to ensure service of his client’s application on the Inspector-General of Police in Abuja.
He, subsequently, adjourned the case till July 27.
In his fundamental rights enforcement suit, Evans is seeking a court order directing the police to immediately charge him to court if there’s any criminal case against him or in the alternative to release him
Evans says that his detention since June 10, 2017, without being charged to court was a violation of his fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
For his alleged unlawful detention without being charged to court, Evans wants the court to award N300m damages against the police in his favour.
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