The judge in a ruling on Wednesday, dismissed the argument by the police that the case was not ripe for hearing.
The judge held that the case can go on stressing that the Inspector-General of Police and the Nigeria Police Force were served with court papers in Lagos rather than in Abuja.
The judge agreed that the coast was clear for the hearing of the suit on Wednesday as there was proof of service on the IG and the NPF, which was exhibited before the court.
Evans sued the Inspector General of Police and others for N300m over his continued detention.
Justice Anka upheld the argument by Evans’ lawyer, Mr Olukoya Ogungbeje, that by virtue of Order 5 Rule 2 of the Fundamental Rights Procedure Rules 2009, the IG and the NPF were rightly served through their agents at Alagbon in Lagos.
The court also averred that Mr Emmanuel Eze, who appeared for the 3rd and 4th respondents in the case, had no right to speak for the IG and the NPF, which were joined in the suit as the 1st and 2nd respondents respectively.
Justice Anka also failed to grant Eze an adjournment in order to go and prepare well for the matter, holding that the counsel has had enough time to prepare since June when the case was filed.
Ogungbeje in his arguments insisted that the police had violated Evans’ rights by detaining him since June 10, 2017, without charging him to court.
Ogungbeje 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.
He urged the court to compel the police to charge Evans to court immediately or to release him and let him go if they were not ready to bring him to court and arraign him.
But opposing him, Eze, who appeared for the Commissioner of Police, Lagos State and the Special Anti-Robbery Squad, insisted that Evans’ rights were not being violated, because, according to him, Section 35(7) of the Constitution gave the police power to detain a suspected capital offender without any court order.
He further argued that the offences allegedly committed by Evans were grievous and as such his fundamental rights were not absolute.
Eze said it would be premature for the police to either charge Evans to court for now or release him because the suspect was helping the police in investigations towards tracking down his gang members.
He said it would be dangerous to release Evans into the society.
Mr Henry Obasi, who subsequently announced appearance for the IG and the NPF, urged Justice Anka to dismiss Evans’ suit.
But Ogungbeje urged the judge to discountenance the submission by Obasi, saying he did not file any court paper on behalf of the IG and the NPF.
Justice Anka further adjourned till August 29, 2017, for judgment.
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