A’Court Dismisses Evan’s N200m Suit Against Police Over Seized 25 Trucks

An Appeal Court sitting in Lagos division on Thursday has
dismissed an appeal filed by alleged notorious kidnapper,
Chukwudumeme Onwuamadike, a.k.a.  Evans, against the judgment
of Justice Hadizat Rabiu-Shagari, of the Federal High Court, over
his seized 25 trucks by the Nigeria Police.

The three Justice 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 June 15, 2017 without any court
order.

Evan had asked the court to award N200 million 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 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.

An Appeal Court sitting in Lagos division on Thursday has
dismissed an appeal filed by alleged notorious kidnapper,
Chukwudumeme Onwuamadike, a.k.a.  Evans, against the judgment
of Justice Hadizat Rabiu-Shagari, of the Federal High Court, over
his seized 25 trucks by the Nigeria Police.

The three Justice 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 June 15, 2017 without any court
order.

Evan had asked the court to award N200 million 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 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.