Kidnapping : Evans knows fate August 29
A Federal High Court in Lagos will on August 29 deliver judgement in a N300 million fundamental rights enforcement suit filed by the suspected billionaire kidnapper, Chukwudumeme Onwuamadike more popularly known as Evans, against the Inspector-General of Police(IGP), Ibrahim Idris and three others to challenge his continued detention. The trial judge, Justice Abdul-Azeez Anka fixed […]
A Federal High Court in Lagos will on August 29 deliver judgement in a N300 million fundamental rights enforcement suit filed by the suspected billionaire kidnapper, Chukwudumeme Onwuamadike more popularly known as Evans, against the Inspector-General of Police(IGP), Ibrahim Idris and three others to challenge his continued detention.
The trial judge, Justice Abdul-Azeez Anka fixed the date after listening to hair splitting arguments from parties in the matter on Wednesday.
Evans is demanding the sum of N300 million from the police for illegally detaining him since June 10, 2017, without pressing any charge against him in court.
Henry Obiazi, lawyer representing both the IGP and the Nigeria Police Force (NPF), said that the case has to do with murder, armed robbery and kidnapping, which are all capital offences. He therefore urged the court to dismiss the suit.
He cited Section 35 (7) of Constitution saying that the fundamental rights of the applicant is not absolute. He added that the applicant will soon be arraigned in court by the Directorate of Public Prosecution (DPP).
He said: "Though the Constitution guarantees the fundamental rights of every Nigerian citizens, these rights are not absolute, particularly, when it has to do with capital offence. I urged the court to hold that the application is unmeritorious and dismiss it".
"My lord, it is not up to 90 days that the applicant was arrested. Besides, there is an order of the court for his remand. The applicant is an international kidnapper terrorizing states across the country. I urged the court to dismiss this application with punitive costs so as to serve as a deterrent to others who may want to file such frivolous application in the future", the lawyer said.
However, in his arguments, Evans lawyer, Olukoya Ogungbeje, urged the court to hold that the respondents had run foul of the law by detaining his client since June 10, 2017.
He also faulted the arguments of the respondents’ lawyers that a suspect that has committed capital offence can be detained without a court’s order.
According to him, the assertion is only applicable at the point where the suspect is seeking for bail after his arraignment.
"The proper thing for the respondents to do is to have the applicant arraigned and later inform the court about the capital nature of the offence upon which he may then be remanded in their custody", he said.
After listening to the submissions of parties, Justice Anka fixed August 29 for judgement.