Court dismisses Evans’ ₦300m Human Rights Suit against police for lack of merit

A Federal High Court in Lagos, on 16th January, dismissed a N300m Fundamental Right Enforcement suit filed by suspected billionaire kidnapper, Chukwudumeme Onwuamadike popularly know as Evans.

Chukwudumeme had earlier challenged his detention for 11 days, before a charge was preferred against him.

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.

Justice Abdulazeez Anka, dismissed the suit for lacking in merit.

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 Kidnap Kingpin had also alleged that he was subjected to media trial during his arrest.

Police representative told the court that a court order was issued to detain the suspect for 90 days for proper investigation.

Ogungbeje had argued that Evans’ detention since June 10 to 22, 2017 without being charged to court was a violation of his client’s rights as enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.

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.

News Agency of Nigeria report that,Eze added that no infraction was committed against the applicant.

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 had showed that it had an order to that effect.

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.

On the issue of allegation subjecting the applicant to media trial, the judge held that no law forbids the media from carrying out its constitutional duty.

Justice Abdulazeez said,the case does not succeed and is accordingly dismissed. All parties have the right of appeal,”

NAN

 

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