Court Dismisses Evans’s N300m Suit Against IGP, Others For Lack Of Merit
Justice Abdulazeez Anka, of a Federal High Court, sitting in Lagos, Tuesday, threw out a N300 million fundamental right enforcement suit, filed by suspected billionaire kidnapper, Chukwudumeme Onwuamadike popularly known as Evans, challenging his detention for 11 days, before he was charged to court.
Justice Anka, dismissed the suit for lacking in merit.
Evans, through his lawyer, Olukayode Ogungbeje, had filed a N300 million fundamental rights enforcement suit against the Inspector-General of Police (IGP) alleging wrongful detention.
Also joined as respondents in the suit are the Nigerian Police Force (NPF), Commissioner of Police (COP) Lagos State and the Lagos State Anti-Robbery Squad (SARS) as second, third and fourth respondents respectively.
In the fundamental rights enforcement suit, Evans, had asked the court for an order directing the police to charge him to court immediately or release him on bail.
Evans had also alleged that he was subjected to media trial during his arrest.
Ogungbeje had also argued that Evans detention between June 10 to 22, 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.
However, the police through its counsel, Emmanuel Eze, had urged the court to discountenance Evan’s application, and dismissed same accordingly, for lacking in merit, as no in fraction was committed as claimed by Evans.
While delivering judgment on 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 said that the decision of the police to detain Evans from June 10, till June 22, 2017, was reasonable, as the police had told the court that they had an order to detain him for 90 days.
On the allegation of subjecting the applicant, Evans, to media trial, the judge stated that there is no law that can stop the media from carrying out their constitutional duty. Consequently, Justice Anka dismissed the suit accordingly.
“This case cannot succeed and it is accordingly dismissed. All parties have the right of appeal”, Justice Anka stated.
