The disclosure was made at the hearing of a fundamental
rights enforcement suit filed by Obiechina and his wife to challenge their
continued detention since June 2.
The Lagos State Commissioner of Police, the Nigeria Police
and the Special Anti-Robbery Squad were joined as co-respondents in the suit.
Arguing the police counter-affidavit to the suit, lawyer
representing all the respondents, Emmanuel Eze, said following the arrests of
the applicants, a court's order was subsequently secured.
Eze further alleged that Obiechina made attempt to truncate
Evans' trial by demobilizing about nine trucks that were recovered from
him.
He said the police planned to use the trucks as exhibits in
prosecuting its case against Evans.
The lawyer further accused the applicants of committing
perjury in connivance with their lawyer owing to what he termed,
inconsistencies of the information provided in the affidavit in support of the
suit.
He urged the court to dismiss the suit with substantial
cost.
However, in his submissions, applicants' lawyer, Olukoya
Ogungbeje, argued that his clients have been in police detention since June 2
in connection with the criminal charge brought against Evans.
According to him, the respondents' admittance in their
counter affidavit that the applicants were only detained for 6 days is a
confirmation of his clients' contention that their fundamental human rights
have been infringed upon.
"The law says you can't hold the applicants for more
than two days. We urged the court to take judicial notice of the 6 days
admitted by the respondents to have detained the applicants. Till date, the
respondents have not shown any reason why they should continue to hold on to
the applicants,” Ogungbeje said.
He also faulted claims by the police that it had secured a
remand order from a magistrate court to keep his clients, saying it is only a
form certified by an in-house lawyer that is being referred to as a remand
order. This, he claimed is a ploy to fool the court.
He urged the court to order the immediate release of his
clients if the police are not ready to charge them to court.
The court has reserved judgment till October 23.
Earlier, Justice Idris had vacated the order he made on
October 10 directing the police to produce the applicants in court.
The order was vacated following a request to same by
Ogungbeje so as to allow for the hearing of the substantive suit.
No comments:
Post a Comment