The Fundamental Rights Enforcement Suit filed by the counsel of kidnapper, Evans can proceed according to the ruling of a Federal High Court Sitting in Lagos, Wednesday.
The objections of Emmanuel Eze, the counsel for the third and fourth respondent was dismissed by Justice Abdulaziz Anka who agreed with Counsel to Evans, Olukoya Ogungbeje that service on the Ist and 2nd respondent had been properly effected.
Before enjoining the court to pursue speed and justice on issues of fundamental human rights, Justice Anka, in his ruling held that leave was not required for the matter to be heard during vacation as Order 4 Rule 5 of the Fundamental Rights Enforcement Procedure Rules of 2009.
The first and second respondents in the suit are the Inspector General of Police, the Nigeria Police Force. The other respondents are the Lagos State Police Commissioner and the Special Anti-Robbery Squad, SARS.
In the suit which had the Inspector General of Police and the Nigeria Police Force as respondents, Evans is asking the court to declare that his continued detention since June 10 without arraignment violates his fundamental rights as guaranteed under the 1999 Constitution.
He also seeks a declaration that his parade on June 11 before journalists at the Lagos Police Command Headquarters in Ikeja without any court order was unconstitutional and illegal.
Evan wants the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.
The suspected kidnapper asked the court to order the respondents to immediately arraign him before a law court or release him from custody forthwith.