Court dismisses Evans N200m suit over seized trucks

The Federal High Court in Lagos on Monday dismissed a
suit by suspected millionaire kidnapper, Chukwudumeme Onwuamadike
(alias Evans), seeking the release of his seized 25 Mack
trucks.

Through his lawyer Olukoya Ogungbeje, Evans said the trucks were
seized without a court order.

Justice Rabiu Hadiza Shagari held that the suit lacked
merit.

Ogungbeje had argued that the police forcefully confiscated the
trucks from Evans last June 15 without any court order.

He prayed the court to award N200million 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 urged the court to dismiss the suit as the
trucks were proceeds of crime and were exhibits.

In a counter-affidavit, the deponent Inspector Haruna Idowu said
he was on the team that investigated Evans’ case.

He 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 was recovered
from the applicant during his arrest.

“The applicant had purchased various properties with proceeds of
armed robbery and kidnapping.

“The applicant 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.

“The trucks recovered are proceeds of crime which are preserved
and kept as exhibits to be tendered in the ongoing criminal
prosecution of the application at the High Court of Lagos State,”
Idowu said.

Justice Shagari held that the law empowers the Police to seize
assets in the course of their investigation in such cases.

According to her, by the provisions of the 1999 Constitution and
the Administration of Criminal Justice Act (ACJA) 2015, the Police
have the right to seize and confiscate any items or properties as
exhibits in a criminal case.

The judge said the court could not stop the Police or other
security agencies from carrying out their constitutional
duties.

The Federal High Court in Lagos on Monday dismissed a
suit by suspected millionaire kidnapper, Chukwudumeme Onwuamadike
(alias Evans), seeking the release of his seized 25 Mack
trucks.

Through his lawyer Olukoya Ogungbeje, Evans said the trucks were
seized without a court order.

Justice Rabiu Hadiza Shagari held that the suit lacked
merit.

Ogungbeje had argued that the police forcefully confiscated the
trucks from Evans last June 15 without any court order.

He prayed the court to award N200million 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 urged the court to dismiss the suit as the
trucks were proceeds of crime and were exhibits.

In a counter-affidavit, the deponent Inspector Haruna Idowu said
he was on the team that investigated Evans’ case.

He 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 was recovered
from the applicant during his arrest.

“The applicant had purchased various properties with proceeds of
armed robbery and kidnapping.

“The applicant 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.

“The trucks recovered are proceeds of crime which are preserved
and kept as exhibits to be tendered in the ongoing criminal
prosecution of the application at the High Court of Lagos State,”
Idowu said.

Justice Shagari held that the law empowers the Police to seize
assets in the course of their investigation in such cases.

According to her, by the provisions of the 1999 Constitution and
the Administration of Criminal Justice Act (ACJA) 2015, the Police
have the right to seize and confiscate any items or properties as
exhibits in a criminal case.

The judge said the court could not stop the Police or other
security agencies from carrying out their constitutional
duties.