Justice Abdulazeez Anka of the Federal High Court, Lagos on Wednesday declined to hear a fundamental rights suit filed by suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans.
Evans is seeking N300 million damages for his illegal detention.
Anka said that the case file would be returned to the Administrative Judge for further directive.
The judge had earlier heard the case during the court’s long vacation and had adjourned until Aug. 29 for judgment after parties argued it and adopted their addresses on Aug.16.
But the police through its counsel Mr David Igbodo said another lawyer, Mr Henry Obiazi, who represented the Inspector-General of Police (IGP) and the Nigeria Police when the case was heard did so without authorisation.
The police prayed the court to set aside all the purported arguments made by Obiazi and to set aside the ruling it delivered on Aug. 16 in which he adjourned for judgment.
When the case came up before another judge, Justice Chuka Obiozor during the long vacation, he held that the case was no longer urgent.
Obizor, then returned the file to the Chief Judge, Justice Adamu Kafarati for re-assignment to another judge.
The case was subsequently re-assigned to Justice Babs Kuewemi.
However, Evans’ lawyer, Olukoya Ogungbeje wrote the chief judge informing him that Anka had already adjourned the case for judgment.
Based on the letter, the case was again returned to Anka.
When the case came up before Anka on Wednesday, he expressed displeasure that the case was returned to him when the issue of judgment had been overtaken by events.
The judge said that since the police had filed other applications, the earlier adjournment for judgment had become void.
Anka added that even if he had written the judgment earlier, it meant that a new one would be written.
NAN
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