Court rules in Evans' brother-in-law case against police Oct 23
Chukwudumeme Onwuamadike
The Federal High Court in Lagos has fixed Monday, October 23 to deliver judgment in the fundamental rights enforcement filed against the police by one Mr. Okwuchukwu Obiechina said to be the brother-in-law of alleged kidnap kingpin,Chukwudumeme Onwuamadike, alias Evans.
Justice Mohammed Idris fixed the judgment date on Tuesday after entertaining arguments from Obiechina's lawyer, Mr. Olukoya Ogungbeje, and counsel for the police, Mr. Emmanuel Eze.
In the suit, Obiechina is seeking a court order compelling the police to release him from their custody.
Ogungbeje claimed that Obiechina had been detained by the police since June 2 in connection with the kidnapping case of his brother-in-law, Evans.
The suit, marked FHC/L/CS/1050/20177, has Obiechina and his wife, Nzube, who is Evans' sister, as plaintiffs.
They sued the Commissioner of Police, Lagos State; the Nigeria Police Force; and the Special Anti-Robbery Squad, Lagos State Police Command.
Justice Idris had on October 6 ordered the police to produce Obiechina before him on October 12 to show cause why an order for the unconditional release of the detainee should not be made.
At the October 12 hearing, the police failed to bring the detainee, making the court to reiterate its order and adjourned till Tuesday.
Still on Tuesday, Obiechina was not produced in court.
Ogungbeje, thus, urged the court vacate the interim order so as to pave the way for the hearing of the main suit.
He said the police had in their counter-affidavit admitted detaining his client, adding that the police had yet to give any reason for his continued detention.
He, therefore, urged the judge to order his immediate release.
But countering him, the counsel for the police, Eze, said Obiechina was being detained on the remand order of a magistrates' court.
He said Obiechina and his wife were arrested by the police on the reasonable suspicion that they engaged in kidnapping and murder.
Eze further alleged that Obiechina made attempt to truncate Evans' trial by demobilising about nine trucks that were recovered from him. He urged the court to dismiss the suit with substantial cost.
After hearing both lawyers out, Justice Idris adjourned till October 23 for judgment.