Illegal Detention: Court Awards N2m Damages To Alleged Evans’ Accomplices
Justice Mohammed Idris of the Federal High Court in Lagos on Monday awarded N2 million damages in favour of Okwuchukwu Obiechina, said to be the brother-in-law of alleged kidnap kingpin, Chukwudumeme Onwuamadike, also known as Evans, against the police for alleged illegal detention.
Justice Idris, who awarded the sum while delivering judgment on a Fundamental Rights Enforcement Suit, declared Obiechina’s arrest and detention unconstitutional and illegal.
The court also declared that the remand order which the police claimed to have obtained from a magistrates’ court was invalid.
Obiechina and his wife, Nzube, had dragged the Lagos State Commissioner of Police, the Nigeria Police and the Special Anti-Robbery Squad before the court presided over by Justice Mohammed Idris.
The applicants had told the court that they have been in detention since June 2 this year because of their relationship with Evans.
The judge further ordered the police to immediately release the couple unconditionally or charge him to court if they have any case against him.
He concluded by directing the police to tender a public apology to Obiechina to be published in two national dailies.
Justice Idris had on October 10, in a ruling on an ex-parte application filed by lawyer representing the applicants, Olukoya Ogungbeje, directed the police to produce the applicants in court to show cause why a release order should not be made.
But at the last hearing of the case on October 17, Ogungbeje urged the court to vacate the order to pave way for the hearing of the substantive suit.
Arguing the substantive suit, the lawyer claimed that his clients have been in police custody since June 2 in connection with the criminal charge brought against Evans.
He said that the respondents’ admittance in their counter affidavit that the applicants were only detained for 6 days has confirmed his clients’ claims of illegal detention.
He further argued that contrary to the claims by the police, it is yet to secure any remand order to detain his clients.
Ogungbeje added that till date, the respondents are yet to disclose any reason why they should continue to hold on to the applicants.
However, in his submissions, respondents’ lawyer, Emmanuel Eze, said claims of illegal detention of the applicants do not arise as the police had already secured a remand order from a magistrate court.
He argued that Obiechina and his wife were arrested by the police on reasonable suspicion of engaging in kidnapping and murder.
Eze further alleged that Obiechina made attempt to truncate Evans’ trial by demobilizing about nine trucks that were recovered from him.
He urged the court to dismiss the suit with substantial cost.
