He is praying the court to compel the police to charge him rather than detaining him indefinitely.
In a fundamental rights enforcement suit filed on his behalf by a Lagos-based lawyer, Olukoya Ogungbeje, the suspected kidnapper said his continued detention without trial was illegal.
He is praying for order directing the respondents to immediately charge him to court if there is any case against him in accordance with Sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the 1999 Constitution.
The Nigeria Police Force, Lagos Commissioner of Police, Fatai Owoseni, Special Anti-Robbery Squad and the Lagos State Police Command are the other respondents.
Alternatively, Evans is seeking an order compelling the respondents to immediately release him unconditionally.
Evans is contending that his continued detention since June 10 without charge amounts to an infringement on his fundamental human rights.
He argued that the respondents ought to have charged him to court in line with Sections 35 and 36 of the Constitution.
In a 27-paragraph affidavit in support of the motion deposed to by Evan’s father, Stephen Onwuamadike, it was averred that the applicant has been subjected to media trial without any court’s order.
The father said the media trial and news orchestrated by the respondents have continued to generate reactions in both print and electronic media without his son being afforded fair hearing and trial before a court of law.
The deponent also averred that since his son’s arrest, all his family members have been denied access to him while media practitioners have been granted unfettered access to him.
The matter has not been assigned to any judge and no date has been fixed for the hearing.
The Nation
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