Court Dismisses Evans’ N300m Fundamental Right Suit

A Federal High Court in Lagos, on Tuesday, dismissed a
N300m 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 in merit.
Evans, through his lawyer, Mr Olukayode Ogungbeje, had filed
the suit against the Inspector General of Police alleging
wrongful detention.
Also joined as respondents were the Nigerian Police Force,
Commissioner of Police, Lagos State and the Lagos State
Anti-Robbery Squad.
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, Mr 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.