The Federal High Court in Lagos has foxed August 29, 2017 for judgment in a N300 million fundamental rights enforcement suit filed by high profile kidnapping kingpin, Chukwudumeme Onwuamadike more popularly known as Evans, against the Inspector-General of Police, IGP Ibrahim Idris and others over his continued detention.
Trial judge, Justice Abdul-Azeez Anka fixed the date after listening to arguments from parties in the matter on Wednesday.
Evans is demanding the sum of N300 million from the police for illegally detaining him since June 10, 2017, without pressing any charge against him in court.
Henry Obiazi, lawyer representing both the IGP and the Nigeria Police Force (NPF), said that the case has to do with murder, armed robbery and kidnapping, which are all capital offences.
While urging the court to dismiss the suit against the IGP, he cited Section 35 (7) of Constitution pointing out that the fundamental rights of the applicant is not absolute.
The Police Counsel disclosed Evans will soon be arraigned in court by the Directorate of Public Prosecution (DPP).
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“Though the Constitution guarantees the fundamental rights of every Nigerian citizen, these rights are not absolute, particularly, when it has to do with capital offence. I urged the court to hold that the application is unmeritorious and dismiss it”, he submitted.
“My lord, it is not up to 90 days that the applicant was arrested. Besides, there is an order of the court for his remand. The applicant is an international kidnapper terrorizing states across the country.
“I urged the court to dismiss this application with punitive costs so as to serve as a deterrent to others who may want to file such frivolous application in the future”, the lawyer said.
In his argument, lawyer to Evans, Olukoya Ogungbeje, urged the court to hold that the respondents had run afoul of the law by detaining his client since June 10, 2017.
While disagreeing with argument of the respondents’ lawyers that a suspect who committed capital offence can be detained without a court’s order, he said the assertion is only applicable at the point where the suspect is seeking for bail after his arraignment.
“The proper thing for the respondents to do is to have the applicant arraigned and later inform the court about the capital nature of the offence upon which he may then be remanded in their custody”, he said.
Justice then fixed date of judgment for August 29.
END
