AN APPEAL Court sitting in Lagos on Thursday, dismissed an appeal suit filed by an alleged notorious kidnapper, Chukwudumeme Onwuamadike, popularlly called Evans, over his seized 25 trucks by the Nigeria Police.
The suit was against the judgment of Justice Hadizat Rabiu-Shagari, of the Federal High Court,
The three Justices of the Appeal Court, dismissed Evans’ appeal for lacking in merit.
Evans through his counsel, Mr. Olukoya Ogungbeje, in a suit marked FHC/L/CS/1515/17, accused the Inspector-General of Police and four others of unlawfully seizing his 25 trucks and converted same to their own.
Other respondents are Nigeria Police Force (NPF), Inspector-General of Police Response Team (IRT), Lagos State Commissioner of Police, and Special Anti-Robbery Squad (SARS).
Evans, had alleged that the said trucks were seized from him without a court order, saying that the Police forcefully confiscated the trucks from him on June 15, 2017 without any court order.
Evans had asked the court to award N200m as general and exemplary 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, Barrister Emmanuel Eze, attached to the State CID, Panti, Yaba, Lagos, had urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.
The police in a counter-affidavit deponent 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 in the criminal charges filed against Evans at the Lagos State High Court.
“The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states of Nigeria with his various gang members. The applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition were recovered from the applicant during his arrest.
“The applicant had purchased various properties with proceeds of armed robbery and kidnapping. He purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in 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 lawyer, Ogungbeje, approached Appeal Court in an appeal numbered CA/L/1105/2018.
Police through its Counsel, Mr. Eze Esq, also filed a counter motion to the appeal, and urged the court to dismiss the appeal.
Delivering judgment on the appeal, Justice Joseph Ikyegh, in his lead judgement, held that was search warrant issued and executed in line with section 144 of the Administration of Criminal Justice Act of Nigeria, 2015 empowering the Police to recover the trucks. And that section 153 of Administration of Criminal Justice of Nigeria 2015, permits the Police to retain proceeds of crime until the case is disposed of.
The judge also held that the Sections are in line with and that section 44(1)(k) of the Constitution of Nigeria, 1999 (as amended), which permits the temporary seizure of property for the purpose of Investigation or for restitution.
Justice Ikyegh also held that since the trial is still pending and that the word ‘Confiscate’ as use by the learned Counsel for the Appellant was not appropriate in this circumstance.
Consequently, Justice Ikyegh upheld the decision of Justice Rabiu-Shagari of Federal High Court and dismissed Evans’ appeal for lacking in merit.
Other members of the panel, Justice Abubakar Sadiq Umar and Justice Onyekachi Aja Otisi, agreed with the lead judgment.
