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A Federal High Court in Lagos, on
Tuesday, dismissed a ₦300 million Fundamental Right Enforcement suit, filed by
suspected billionaire kidnapper, Chukwudumeme
Onwuamadike a.k.a. Evans.
Evans had challenged his detention
for 11 days, before a charge was preferred against him.
The court, presided by Justice
Abdulazeez Anka, dismissed the suit for lacking merit.
Evans, through his lawyer, Olukayode
Ogungbeje, had filed the suit against the Inspector General of Police (IGP)
alleging wrongful detention.
Also joined as respondents were
the Nigerian Police Force (NPF), Commissioner of Police (COP) Lagos
State and the Lagos State Anti-Robbery Squad (SARS).
In the suit, Evans, had urged 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 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.
However, the police through its
counsel, Emmanuel Eze, had urged the court to discountenance Evan’s
application, and dismiss same accordingly for lacking in merit.
Eze added that 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 had showed 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 held
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