Court Dismisses Evans Fundamental Rights Suit Over Lack Of Jurisdiction
Justice Mojisola Olatoregun of the Federal High Court in Lagos on Monday struck out a fundamental rights enforcement suit filed by alleged Kidnap Kingpin, Chukwudumeme Onwamadike also known as Evans for lack of jurisdiction.
Evans had urged the court to declare that the alleged forceful seizure of his property by the police in the cause of their investigation without any court order was illegal and unconstitutional.
He had also asked the court for an order compelling the respondents to unconditionally release the property.
Evans listed some of the properties to include N1bn, two residential houses located at Magodo, Lagos State, a Brigade wristwatch worth 20,000 dollars, necklaces worth 25,000 dollars and five pieces of diamond rings.
He further listed the items to include,: one Lexus 470, a Grand Cherokee, a Toyota Highlander, 85 Samsung television sets, 45KVA generator, 22KVA generator, 20KVA inverter worth N10 million and five sets of freezers.
Justice Olatoregun stated that the respondents did not file any defence despite being served hearing notices.
The judge held that when confronted with a claim under the fundamental rights enforcement procedure, it would be important for the court to critically look at the reliefs sought.
She maintained that the main issue to be decided is whether the plaintiff’s claim constitutes a violation of his rights under the Fundamental Human Rights (Enforcement Procedure), adding that the right to own property cannot be denied except for due process of the law.
The court therefore held that the applicant failed to show that, within the circumstances of his arrest, the property were forcefully seized.
“The only conclusion I can draw is that the property was taken consequent upon his trial for kidnapping before the Lagos State High Court.’’
According to the judge, although federal and state high court had concurrent jurisdiction, the instant case ought to have been taken to the court where the defendant is facing trial for kidnapping.
“This court must be careful not to interfere with due process of the ongoing trial of the applicant before the Lagos State High Court.
“This court lacks the jurisdiction to entertain this case; same is hereby struck out,’’ she held.
Evans had filed the suit in June 2018, joining the Inspector-General of Police (IGP), the Nigeria Police and the IGP’s Intelligence Response Team as respondents.
He had also asked the court for an order compelling the respondents to unconditionally unseal and vacate without delay, the two residential houses located at Magodo.
He had also asked the court to compel the respondents to apologise to him and pay him N1 billion as damages for the alleged forceful seizure of his property.
He also sought an order of perpetual injunction restraining the respondents from taking any action against him or any of his property in relation to this case.
