He is contending that his detention in the police custody since June 10, 2017, without being charged to court is a violation of his fundamental rights under sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
He wants the court to award N300m damages in his favour against the police. Joined as respondents in the suit are the Inspector-General of Police, the Nigeria Police Force, the Commissioner of Police, Lagos State and the Special Anti-Robbery Squad.
When the matter was called on Tuesday before Justice Abdulaziz Anka, Evans’ lawyer, Ogungbeje, told the court that all the respondents had been served and that the suit was ripe for hearing. But countering him, counsel for the Lagos CP and SARS, Mr. Emmanuel Eze, said the IG and the Nigeria Police Force had not been duly served and as such the case could not be heard.
He said despite the hint of the court, Ogungbeje had yet to go to Abuja to serve the court processes on the IG and the NPF in their personal capacities