Alleged property seizure: Court strikes out Evans’s N1bn suit against police

A Federal High Court in Lagos on Monday struck out a fundamental
rights enforcement suit filed by alleged kidnap kingpin,
Chukwudumeme Onwamadike (a.k.a Evans), against the police over
seizure of his property.

Justice Mojisola Olatoregun held that the court lacked the
jurisdiction to entertain the case.

She said that the suit ought to have been filed before a Lagos
State High Court where the applicant was facing charges of
kidnapping.

The News Agency of Nigeria reports that Evans, through his
counsel, Mr Olukoya Ogungbeje, filed the suit in June 2018 and
joined as respondents, the Inspector-General of Police (I-G), the
Nigeria Police and I-G’s Intelligence Response Team.

The applicant prayed the court to declare that alleged forceful
seizure of his property by the respondents without any court order
was illegal and unconstitutional.

He listed some of the property as N500 million, another N500
million, two residential houses located at Magodo, Lagos State, a
Brigade wristwatch worth 20,000 dollars, necklaces worth 25,000
dollars and five pieces of diamond rings.

Also listed are one Lexus 470, a Grand Cherokee, a Toyota
Highlander, 85 Samsung television sets, 45KVA generator, 22KVA
generator, 20KVA inverter worth N10 million and five sets of
freezers.

The applicant had sought an order compelling the respondents to
unconditionally release the property.

Evans had also asked the court for an order compelling the
respondents to unconditionally unseal and vacate without delay, the
two residential houses located at Magodo.

The judge noted that the respondents did not file any defence in
spite of being served hearing notices.

She held that when confronted with a claim under the fundamental
rights enforcement procedure, it would be important for the court
to critically look at the reliefs sought.

According to her, the main issue to be decided is whether the
plaintiff’s claim constitutes a violation of his rights under the
Fundamental Human Rights (Enforcement Procedure), adding that the
right to own property cannot be denied except for due process of
the law.

She held that the applicant failed to show that, within the
circumstances of his arrest, the property were forcefully
seized.

“The only conclusion I can draw is that the property was taken
consequent upon his trial for kidnapping before the Lagos State
High Court.

According to the judge, although federal and state high court
had concurrent jurisdiction, the instant case ought to have been
taken to the court where the defendant is facing trial for
kidnapping.

“This court must be careful not to interfere with due process of
the ongoing trial of the applicant before the Lagos State High
Court.

“This court lacks the jurisdiction to entertain this case; same
is hereby struck out,’’ she held.

NAN reports that other prayers sought by Evans include an order
compelling the respondents to apologise to him and pay him N1
billion as damages for the alleged forceful seizure of his
property.

He had also sought an order of perpetual injunction restraining
the respondents from taking any action against him or any of his
property in relation to this case.