Save your breath, sweetie.


SUBMITTED BY: pinnacleseth

DATE: Aug. 19, 2017, 7:49 p.m.

FORMAT: Text only

SIZE: 1.9 kB

HITS: 241

  1. Save your breath, sweetie. Nothing to scream about yet. I have a feeling the screaming will come much later.
  2. Evans' lawyer filed a fundamental rights enforcement suit on behalf of Evans challenging his continuous detention without arraignment, this suit is to be heard in court. However, the Nigerian Police Force raised an objection, challenging the court's jurisdiction to hear Evans' suit on the ground of improper service on the 1st and 2nd respondents (the IG and the NPF). In law, service is fundamental and if there's proof of improper service, the suit will be struck out for want of jurisdiction. I'm guessing they were hoping the court will strike out the suit. Some parties use this as delay tactics to stall for more time.
  3. The court, however, was of the opinion that there was proper service on the I.G and the NPF. So the court will proceed to hear Evans' suit. The hearing of the suit is about to commence, so it's too early to react. No matter how ridiculous a suit is, the principle of fair hearing is that the court must allow an aggrieved party ventilate his claim. After hearing the suit, the court may decide to dismiss Evans' suit, if the court is of the opinion that the suit lacks merit. However, if the court feels Evans' suit has merit, it will order the IG and the NPF to pay some money as damages to Evans. Usually, a court would not grant the exact amount being asked for but it would be something substantial, purely by the court's discretion.
  4. This issue is, since Evans has not been formally charged, there's no criminal case against him. So he can challenge his continuous detention, which he is doing through this suit. Even if he wins this case, he will still face criminal charges for kidnapping and other related offences, when the state is ready to try him. What this post is stating is, the court has agreed to hear Evans' suit against the I.G, Nigerian Police Force and SARS. Nothing has been awarded yet.

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