A federal high court in Lagos on Tuesday failed to deliver judgment in the N300 million suit which Chukwudumeme Onwuamadike, better known as Evans, filed against the police.
Olukoya Ogungbeje, a lawyer, had filed the suit on behalf of the billionaire kidnapper.
Ogungbeje argued that the police violated his client’s rights by detaining him since June 10, 2017, without charging him to court.
He contended that the continued detention of Evans without a court order was unlawful and a violation of the suspect’s rights under sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the constitution.
On August 16, when he presided over the case, Abdulaziz Anka, the judge upheld the argument made by Ogungbeje.
In his ruling, the judge lampooned Emmanuel Eze, counsel for the Lagos state commissioner of police and the Special Anti-Robbery Squad (SARS), saying that he had no right to “open his mouth” in defence of a matter that did not concern him.
Anka ordered the counsels to argue their applications on the substantive suit.
He also ruled against the contention of the respondents that a vacation judge could not sit on the matter, arguing that any case with a direct implication on the liberty of any citizen must be treated as urgent.
After dismissing all objections to the hearing of the suit, Anka fixed August 29 for judgement.
But on Tuesday, the judge adjourned the case till September 5.