Ladipo Sanusi/
The police on Tuesday asked a Federal High Court, in Lagos, to punish controversial Lagos lawyer, Olukoya Ogungbeje.
Ogungbeje is the lawyer of suspected millionaire kidnapper, Chukwudumeme Onwuamadike a.k.a. Evans, who filed a fundamental rights suit against the police on behalf of the suspect.
Ogungbeje is seeking the unconditional release of Evans from custody and the award of N300 million against the Inspector-General of Police (IGP) for wrongful detention.
The police have however asked the court presided over by Justice AbdulAziz Anka to compel Ogungbeje to pay a punitive cost of N300,000 for wrongful service.
They also argued that the lawyer did not seek the leave of the court for the case to be heard during vacation.
Joined as respondents in the suit filed by Ogungbeje are the Nigerian Police Force (NPF), Commissioner of Police (COP) Lagos State and the Lagos State Anti-Robbery Squad (SARS) as second, third and fourth respondents respectively.
The suit was stalled before Justice Anka at the last hearing, on July 20, following Ogungbeje’s failure to comply with a July 13 order to pay the police N20,000 as costs.
However, at the commencement of proceedings, on Tuesday, Ogungbeje informed Justice Anka that the costs were paid on August 10.
He said he had complied with the court’s order to serve the respondents and that the matter was ripe for hearing.
But counsel to the COP and SARS, Emmanuel Eze, opposed him.
Eze, who explained the absence of counsel to the IGP and NPF, argued that Ogungbeje failed to serve them in Abuja as directed by the judge.
He said: “It is not true that the matter is ripe for hearing. This is a fundamental rights enforcement suit brought by the applicant.
“He has not got the leave of court for the matter to be heard during vacation. That is the condition precedent to hearing any matter during vacation.”
Relying on Section 215 of the Constitution and Order 5 Rule 8 of the Fundamental Rights Enforcement Procedure Rules 2009, Eze argued further that the COP Lagos State and the IGP were distinct personalities.
Eze told the court that Ogungbeje had only served the COP at Alagbon in Lagos but had yet to serve the IGP and the Police in Abuja.
He said: “Our submission is that he has not taken steps to clothe this court with jurisdiction to hear this case.
“Since he has refused to do the right thing, we are asking the court for costs of N300,000.”
Responding, Ogungbeje said the IGP and NPF were served on June 29 at the addresses contained on the originating motion and the proof of service was in the court’s file.
“Secondly, Order 5 Rule 2 of the Fundamental Rights Enforcement Procedure Rules has made it clear that service on the respondents’ agents will amount to personal service on respondents,” he added.
He further argued that since Eze announced appearance for only the third and fourth respondents, he had no locus to speak for the IGP and the Police.
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