Court Close Evans’ N200m suit against police over trucks (See Why )
Court of Appeal, Lagos division Thursday dismissed an appeal filed by suspected kidnapper Chukwudumeme Onwuamadike, also referred to as Evans, against the judgment of Justice Hadizat Rabiu-Shagari of the Federal supreme court , Lagos over his seized 25 trucks by the Nigeria Police.
The three Justice of the Appeal Court, dismissed Evans’ appeal for lacking merit.
Evans through his counsel, Mr. Olukoya Ogungbeje, during a suit marked FHC/L/CS/1515/17, accused the Inspector-General of Police and 4 others of unlawfully seizing his 25 trucks and converting them to their own.
Respondents within the case were Nigeria police (NPF), Inspector-General of Police Response Team (IRT), Lagos State Commissioner of Police and Special Anti-Robbery Squad (SARS).
Evans had alleged that the police forcibly seized the trucks from him without writ on June 15, 2017.
Evan had asked the court to award N200 million as general and punitive damages against the police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.
But the police, through its counsel, Emmanuel Eze, attached to the State CID, Panti, Yaba, Lagos, had urged the court to dismiss the suit because the trucks were proceeds of crime and were exhibits.
The police during a counter-affidavit deposed to, by Inspector Haruna Idowu, said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.
He said the trucks were listed as exhibits within the criminal charges filed against Evans at the Lagos State supreme court .
Idowu said: “The applicant is that the notorious and most dreaded armed robber and kidnapper referred to as Evans, who defiled police arrest for over 10 years and who had terrorised many nations of Nigeria together with his various gang members. The applicant has no other source of livelihood except heist and kidnapping as numerous arms and ammunition were recovered from the applicant during his arrest.
“The applicant had purchased various properties with proceeds of heist and kidnapping. He purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos, while they weren’t ready to tow the remaining one from Anambra State to Lagos thanks to the very fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina and his wife had tampered with the brain box of the truck during a bid to pervert the course of justice.”
Justice Rabiu-Shagari had on April 19, 2019, dismissed Evans’ suit for lacking in merit.
Dissatisfied with Justice Rabiu-Shagari’s judgment, Evans through his counsel, Ogungbeje, approached the Appeal Court in an appeal numbered CA/L/1105/2018.
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