Fundamental Rights Suit: Court Dismisses Evans’ N300m Case Against His Detention

Posted on January 16, 2018

YAHAYA IBRAHIM

Justice Abdulazeez Anka of a Federal High Court in Lagos on Tuesday dismissed a N300 million fundamental rights enforcement suit filed by suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, challenging his detention for 11 days by the police before he was charged to court.

Justice Anka described the suit filed against the Inspector General of Police by Evans as lacking in merit.

Also Joined 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.

Evans had through his lawyer, Olukayode Ogungbeje, filed the N300 million fundamental rights enforcement suit against the Inspector-General of Police (IGP) and others alleging wrongful detention.

In the suit, the suspected kidnap kingpin 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.

His lawyer had argued that Evans’ detention since 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.

But counsel, to the police Emmanuel Eze, had urged court to discountenance Evan’s application, and dismissed same accordingly, for lacking in merit, saying no infraction was committed as claimed by the applicant.

In his judgment on the suit on Tuesday, Justice Anka ruled 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 told the court that they had an order to detained him for 90 days.

On the allegation of subjecting the applicant, Evans, to media trial, Justice Anka, stated that the there is no law that can stop the media from carrying out their constitutional duty.

Consequently, Justice Anka pronounced Evans’ suit not succeed and dismissed it accordingly.