THE Federal High Court in Lagos on Tuesday dismissed the N300million fundamental rights enforcement suit filed against the police by suspected kidnap kingpin, Chukwudumeme Onwuamadike a.k.a. Evans.
Justice Abdulazeez Anka dismissed the suit for lacking in merit.
Evans had in June last year filed the suit to challenge his detention for 11 days “without charge.”
The kidnap kingpin also alleged that he was subjected to media trial during his arrest.
He argued, through his counsel, Mr. Olukoya Ogungbeje, that the detention from June 10 was a violation of his fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
For his alleged unlawful detention, he asked the court to award N300m damages against the police.
The IGP, Nigeria Police Force (NPF), Commissioner of Police in Lagos State and Lagos State Anti-Robbery Squad (SARS) were the first to fourth respondents.
However, the police through its counsel, Emmanuel Eze, urged court to discountenance Evans’ application and dismiss same accordingly, for lacking in merit, “as no infraction was committed as claimed by the kidnapper.”
Delivering judgment, Justice Anka held that in the circumstances of the case, Evans could not rely on Section 35 and 36 of the Constitution.
The judge ruled that the decision of the police to detain Evans from June 10 to 22 was reasonable, as they had an order to detain him for 90 days.
On the media trial, the judge said there was no law that stops the media from carrying out their constitutional duty.
Justice Anka said: “This case does not succeed and is accordingly dismissed. All parties have the right of appeal.” – The Nation
– Jan. 16, 2018 @ 17:43 GMT