Court dismisses Evans’s appeal over seized trucks
Court dismisses Evans’s appeal over seized trucks
By Eloyi Matthew
Appeal court sitting in Lagos has dismissed an appeal filed by a suspected kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans, against a decision of the Federal High Court over his 25 trucks allegedly seized by the Nigeria Police.
The three judges of the appeal court dismissed Evans’ appeal on Thursday for lacking in merit.
A Lagos high court judge, Rabiu-Shagari, had in 2019 also dismissed Evans’ suit for lacking in merit.
Dissatisfied with the judgment, Evans through his lawyer, Olukoya Ogungbeje, approached the appeal court.
Mr Ogungbeje, in a suit marked FHC/L/CS/1515/17, accused the Inspector-General of Police, Special Anti-Robbery Squad (SARS), and two others of unlawfully seizing his client’s 25 trucks and converting them to personal use.
Read Also: Unlawful Disconnection: Court jails AEDC staff in Kogi
Other respondents are the Nigeria Police Force (NPF), Inspector-General of Police Response Team (IRT), and the Lagos State Commissioner of Police.
The alleged kidnap kingpin had claimed that the police confiscated his trucks without a court order.
He requested that the court award N200 million as general and exemplary damages against the police for the alleged violation of his rights under sections 36, 43, and 44 of the 1999 constitution.
Meanwhile, the police, through its legal counsel, Emmanuel Eze, urged the court to dismiss the suit as the trucks were proceeds of crime and were taken as exhibits.
The police in a counter-affidavit deposed by Haruna Idowu, an inspector, said the suspect acquired 11 trucks with proceeds of crime but the police recovered 10. He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos 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 was recovered from the applicant during his arrest,” Mr Idowu said.
“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 because 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.”
Delivering judgment on the appeal, the judge, Joseph Ikyegh, in his lead judgment, held that there was a 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. He added that section 153 of the Act 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 section 44(1)(k) of the Constitution of Nigeria, 1999 (as amended), which permits the temporary seizure of property for investigation or restitution.
He also held that since the trial is still pending and that the word ‘confiscate’ as used by the learned counsel for the appellant was not appropriate in this circumstance.
Read Also: Yobe Hajj Commission Refunds N700m To 557 Intending Pilgrims
Consequently, the judge upheld the decision of Justice Rabiu-Shagari of Federal High Court and dismissed Evans’ appeal for lacking in merit.
Other members of the panel include Abubakar Umar and Onyekachi Otisi.
