SAN FRANCISCO, August 29, (THEWILL) – The Nigeria Police Force (NPF) on Tuesday told the Federal High Court in Lagos that it did not authorise any lawyer to represent it in the case filed against it by suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans.
Evans had through a Lagos lawyer, Olukoya Ogungbeje, sought the court seeking unconditional release from detention and claiming N300million as damages for illegal detention and rights violation.
The presiding judge, Abdulazeez Anka had adjourned till Tuesday for judgment after parties argued the case and adopted their addresses on August 16.
However, as the case was called for judgment to be delivered, police counsel, David Igbodo, revealed that he had filed a fresh application in which the police claimed it was not given a fair hearing.
Igbodo, who is the Commissioner of Police in charge of Legal Section at the Force Headquarters in Abuja, said the lawyer, Henry Obiazi, who earlier argued the case on behalf of the police, was not instructed to represent the Inspector-General of Police (IGP) and the Nigeria Police (first and second respondents).
He stated that the police, in the pending application which was filed on August 21, is praying the court to set aside all the “purported” arguments made by Obiazi in the case also praying the court to set aside the ruling delivered by Justice Anka on August 16 in which he adjourned for judgment.
Among the prayers in the application is an order granting leave to the IGP and the police to file their counter-affidavits to the suit and for the court to consider their responses duly filed and served insisting that the judge adjourned the case without hearing from the first and second respondents, claiming they were not served with the suit.
“We believe my Lord understands the principle of fair hearing. We are ready to move the application,” he said.
Responding, Ogungbeje urged the judge to go ahead and deliver the judgment arguing that the fresh application was a bid by the police to stall the verdict and should, therefore, be refused.
“We have not been served with that application. On the 16th of August 2017, arguments were taken from all parties and your Lordship graciously reserved today (Tuesday) for judgment,” he said.
“It is our strong view that this application is calculated to arrest the judgment. The assertion that we refused service of the fresh application cannot be true when judgment has already been reserved.”
In is ruling, Justice Anka said he could not go on with the judgment in the face of the fresh application and adjourned further proceedings till September 5.
