Lawyer’s absence stalls Evans’ N300m case against IGh

Hearing was stalled on Thursday in the N300m fundamental rights
enforcement suit filed against the Inspector-General of Police by
suspected kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a.
Evans.

The case, which was scheduled for hearing on Thursday morning
before Justice Abdulaziz Anka of the Federal High Court in Lagos,
could not proceed as Evans’ lawyer, Mr. Olukoya Ogungbeje, was
absent in court.

Ogungbeje had written to the court, seeking an adjournment on
the grounds of ill health.
But Justice Anka awarded a punitive cost of N20,000 against him for
what he described as unprofessional conduct.

The judge noted that while Ogungbeje wrote to the court, seeking
an adjournment on the grounds of ill health, he did not send a copy
of the letter to the counsel for the police.

According to the judge, it is unprofessional for a lawyer to
communicate with a judge without carrying the other parties
along.

The judge warned Ogungbeje to desist from such a conduct.

In a short ruling, Justice Anka held, “The court has noted the
conduct of counsel, who wrote to the court without copying other
parties. This is unprofessional. The court hereby warns the counsel
to desist from such a conduct.”

He awarded a punitive cost of N20,000 Ogungbeje, holding that
the money must be paid before the next adjourned date, otherwise,
the lawyer would not be given audience.

When the case was called, an Executive Litigation Officer from
Ogungbeje’s law firm, Mr. Stephen Abunike, who appeared in court,
told the judge that his principal was indisposed and had written a
letter seeking an adjournment.

Abunike added that he had attempted to give a copy of the letter
to the counsel for the police, Mr. Emmanuel Eze, but the counsel
declined service.

Responding, Eze, who said he only just sighted the letter in
court, noted that the letter was signed by one Saheed Sanni, a
lawyer in Ogungbeje’s law firm, who said their principal took ill
and other lawyers in the office were engaged.

Eze urged Justice Anka to reject Sanni’s excuse and to consider
it as an affront to the court, saying it showed that the law firm
was not serious.

“My Lord, I think it’s an affront to this court and in view of
this, we are of the view that the applicant’s counsel is most
unserious with this application. I pray this court to award a
punitive cost of N100,000 against the applicant and his counsel,”
Eze said.

However, rather than N100,000, Justice Anka awarded N20,000
against Ogungbeje and adjourned the case till July 20.

In his fundamental rights enforcement suit, Evans, through
Ogungbeje, is seeking a court order directing the police to charge
him to court immediately or release him on bail if they are not
ready to charge him to court.

Ogungbeje argued that Evans’ detention since June 10, 2017
without being charged to court was a violation of his client’s
fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a)
(b) and 36 of the Constitution.

For his alleged unlawful detention without being charged to
court, Evans wants the court to award N300m damages against the
police in his favour.

Hearing was stalled on Thursday in the N300m fundamental rights
enforcement suit filed against the Inspector-General of Police by
suspected kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a.
Evans.

The case, which was scheduled for hearing on Thursday morning
before Justice Abdulaziz Anka of the Federal High Court in Lagos,
could not proceed as Evans’ lawyer, Mr. Olukoya Ogungbeje, was
absent in court.

Ogungbeje had written to the court, seeking an adjournment on
the grounds of ill health.
But Justice Anka awarded a punitive cost of N20,000 against him for
what he described as unprofessional conduct.

The judge noted that while Ogungbeje wrote to the court, seeking
an adjournment on the grounds of ill health, he did not send a copy
of the letter to the counsel for the police.

According to the judge, it is unprofessional for a lawyer to
communicate with a judge without carrying the other parties
along.

The judge warned Ogungbeje to desist from such a conduct.

In a short ruling, Justice Anka held, “The court has noted the
conduct of counsel, who wrote to the court without copying other
parties. This is unprofessional. The court hereby warns the counsel
to desist from such a conduct.”

He awarded a punitive cost of N20,000 Ogungbeje, holding that
the money must be paid before the next adjourned date, otherwise,
the lawyer would not be given audience.

When the case was called, an Executive Litigation Officer from
Ogungbeje’s law firm, Mr. Stephen Abunike, who appeared in court,
told the judge that his principal was indisposed and had written a
letter seeking an adjournment.

Abunike added that he had attempted to give a copy of the letter
to the counsel for the police, Mr. Emmanuel Eze, but the counsel
declined service.

Responding, Eze, who said he only just sighted the letter in
court, noted that the letter was signed by one Saheed Sanni, a
lawyer in Ogungbeje’s law firm, who said their principal took ill
and other lawyers in the office were engaged.

Eze urged Justice Anka to reject Sanni’s excuse and to consider
it as an affront to the court, saying it showed that the law firm
was not serious.

“My Lord, I think it’s an affront to this court and in view of
this, we are of the view that the applicant’s counsel is most
unserious with this application. I pray this court to award a
punitive cost of N100,000 against the applicant and his counsel,”
Eze said.

However, rather than N100,000, Justice Anka awarded N20,000
against Ogungbeje and adjourned the case till July 20.

In his fundamental rights enforcement suit, Evans, through
Ogungbeje, is seeking a court order directing the police to charge
him to court immediately or release him on bail if they are not
ready to charge him to court.

Ogungbeje argued that Evans’ detention since June 10, 2017
without being charged to court was a violation of his client’s
fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a)
(b) and 36 of the Constitution.

For his alleged unlawful detention without being charged to
court, Evans wants the court to award N300m damages against the
police in his favour.