Wednesday, 17 January 2018

Court Throws Out Billionaire Kidnapper, Evans's N300m Fundamental Rights Suit


Suspected billionaire kidnapper, Chukwudumeme “Evans” Onwuamadike, on Tuesday, had his N300m fundamental right enforcement suit dismissed by a Federal High Court in Lagos. The suit, filed by Evans’ lawyer to challenge his 11-day detention without being charged, was dismissed by Justice Abdulazeez Anka for lacking merit.

The court, presided by Justice Abdulazeez Anka, dismissed the suit for lacking in merit. Evans lawyer, Olukayode Ogungbeje, in the suit had argued that his client’s detention between June 10 to 22, 2017 without being charged to court was a violation of his rights as enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.

Added to these, he argued that his client was subjected to trial by media in the days following his arrest. These were disputed by the counsel for the defendants that included the Inspector General of Police, the Nigerian Police Force, Commissioner of Police, Lagos State and the Lagos State Anti-Robbery Squad. The counsel, Emmanuel Eze, said the suit lacks any merit and should, therefore, be dismissed as no infraction was committed against the applicant.

Delivering judgment in the suit, Justice Anka held that Ogungbeje was unable to argue his case based on Section 35 and 36 of the constitution. The judge also ruled that the decision of the police to detain Evans from June 10, till June 22, 2017, was reasonable, as the police have shown that it had an order to that effect.

On the allegation of subjecting the applicant to media trial, the judge held that no law forbids the media from carrying out its constitutional duty. Consequently, Justice Anka held that suit could not succeed and accordingly, dismissed same. “All parties have a right of appeal,” the judge added.

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