Suspected billionaire kidnapper, Chukwudumeme Onwuamadike a.k.a. Evans, on Wednesday, filed a fundamental rights enforcement action before the Lagos Federal High Court in Lagos, urging the court to order the police to charge him to court or release him immediately.
Joined as respondents in the said suit marked FHC/L/CS/1012/2017 are the Nigeria Police Force, Commissioner of Police, Lagos State and the Special Anti-Robbery Squad, Lagos State Police Command.
In a fundamental rights enforcement suit filed on his behalf by a Lagos-based lawyer, Olukoya Ogungbeje, the suspected kidnapper is seeking for a court’s order directing the respondents to immediately charge him to court if there is any case against him in accordance with Sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
He is on the alternative seeking for an order compelling the respondents to immediately release him unconditionally in the absence of any offence that will warrant his being charged to court.
Evans is contending that his continued detention by the respondents since June 10, 2017, without being charged to court or released on bail is an infringement on his fundamental human rights.
Dad supports...
To support Evans’ case, his father, Stephen Onwuamadike personally deposed to a 27-paragraph affidavit in support of the suit.
In his affidavit, Evans’ father averred that his son (applicant) has been subjected to media trial without any court order by the respondents. He further averred that the media trial and news orchestrated by the respondents have continued to generate reactions in both print and electronic media without his son being afforded fair hearing and trial before a court of law.
He added that since his son’s arrest, all his family members have been denied access to him while media practitioners have been granted unfettered access to him. The matter has not been assigned to any judge and no date has been fixed for the hearing.
We have court order to hold him for 3 months — Police Meanwhile, reacting to the suit, spokesman for the Police High Command, Jimoh Moshood said that the Police had obtained a court order from a Federal High Court, Abuja, to detain Evans for three months, in order to allow them carry out proper investigation on the suspect.
The investigation, according to the police will take operatives to Ghana, South Africa and many parts of the country before he could be arraigned. Deputy Commissioner of Police, Administration, in the Lagos Command, Dasuki Galandanci had told journalists last Friday that the Police is in the midst of a thorough investigation on Evans.
He said: “Evans has been a kidnapper for a long time and has been on the wanted list of the Police in Anambra, Abuja, Enugu, Edo and Lagos States. He also has a criminal gang, some of whom have been arrested in Enugu and Lagos. “But there are still more out there.
Therefore, this needs a painstaking investigation. Besides, we need to understudy him as well as debrief him properly. By so doing, we intend to use his tactics to get others.
He will eventually be charged to court after investigation is concluded.” ‘He is innocent before the law until proved guilty’ Also, reacting to Evans suit, a lawyer and Don, Gbenga Ojo, said, “It may surprise Nigerians that he had to approach the court, however, in the eyes of the law, he is presumed innocent until pronounced guilty by a competent court.
However, as it is, I don’t think any court will grant him bail considering the allegations levelled against him. “It is the same law that gives him fundamental human rights to seek redress in court that provides that no one can kill other persons unlawfully or kidnap and subject victims to unbearable conditions.
So, the court will look at all these before considering to do anything. In my opinion, no court will allow such application to fly.
“However, if the prosecution is not ready to arraign him now due to their investigation, they should take him to the magistrate court to get a remand order, pending the conclusion of their investigation.” Click to signup for FREE news updates, latest information and hottest gists everyday
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Fundamental stealing and killing rights indeed
ReplyDeleteWonders shall never end. ehhhhhh. It's not your falt.
ReplyDeleteDid I read it well? What right does he have to invoke fundamental human right. All the persons he and his gang detained and killed... Were they not Nigerians? Someone should even do an investigation on the lawyer. The police should do a thorough work as I'm sure that crook has some strong backings. Let their heads roll
ReplyDeleteDid I read it well? What right does he have to invoke fundamental human right. All the persons he and his gang detained and killed... Were they not Nigerians? Someone should even do an investigation on the lawyer. The police should do a thorough work as I'm sure that crook has some strong backings. Let their heads roll
ReplyDeleteCock and Bull story. That his lawyer should even be arrested. However, that is Nigeria for you. Nigerian government will always look for ways to mess up any high profile case just because some highly placed individuals are involved. Why didnt the police go to court to get an order to keep the man pending the conclusion of investigations? This country is a fraudster on its own. Nonsense. That is why Biafrans call this country a Zoo.
ReplyDeleteEvans, you still dey talk
ReplyDeleteLawyer is just doing his job, so no case for him
ReplyDeleteSo d lawyer has no conscience
DeleteNigerianeye dis una news dey tire me oh. 4rm notorious kidnapper to suspecting one. Let events be unfolding.
ReplyDeleteNigerianeye dis una news dey tire me oh. 4rm notorious kidnapper to suspecting one. Let events be unfolding. I think this news is now turning to somewhere.
ReplyDeleteIdiot! I don't blame you. If it were in Saudi, by now they would have been sharpening their sword for your public execution. Barawo! Ole
ReplyDeleteHmn! Wetin mega? Yeye dey smell! Evans don go to court with father supporting him. The same father who has been begging that his son, Evans, be taken to TB Joshua. Wonders shall never end. Now, a lawyer is out to defend Evans constitutional rights as against the rights of those he subjected to inhuman treatment, torture, took ransome in millions, caused psychological pains to victims and families as if these ones are no human beings. Even domestic and wild animals have their own right. Well, that lawyer wants to make history. Na so too the US returnee caught with a pistol and three pump action guns with 250 cartridges, will soon get a lawyer to defend him rights to possess the arms. Nigerian Police do a proper investigation on that US returnee. Go to his village in Edo state (Eguare Ohordua in Esan south) you will know more since 2002. People in that community have been leaving in fear. Anonymous.
ReplyDeleteLet's behave like learned people pls. Police is doing the right thing already. According to Police, they already have court order to hold him pending completion of investigation. The guys lawyer is not wrong too. When they get to court, let the Police simply provide the detention order obtained. Meanwhile, full scale investigation is required before prosecution, else he will escape justice. That Evans is very smart
ReplyDeleteYou're right about your submission,but,the police is wrong in subjecting the suspect to medial trials, it even weakens their evidences and give room for some of his gang members to who suspected that their names might be mentioned to go underground. The police shouldn't be talking to the press on every statement made by Evans.
DeleteI take it that you will find my point outrageous, since the vast majority of positions is skewed towards denying Evans his rights. Yes, Evans has rights and so does every Nigerian under the constitution. Evans may have taken the lives of many innocent people, but he is entitled by 'law' to a fair trial. If he is guilty (as i'm sure we all agree) then the system will mete out the just recompense for his crimes. Sadly, many Nigerians have understandably lost faith in the legal system to provide justice, giving rise to the prevalence of jungle justice and an overwhelming support for extra-judicial abuses. I can't blame anyone. However, If we, as a people are interested in strengthening our democracy, then we must have absolute respect for the rule of law - not the rule of man, the government or the mob. Why is this important? Nnamdi Kanu was rightly apprehended by the authorities for hate speech and other offences. What should have been done was for him to be charged for the offences and let the law decide his fate. No, the rule of man prevailed! The presidency disregarded the law and chose to illegally incarcerate Kanu. I understand why majority of people sympathise with the governments approach. But in retrospect, this achieved only giving Nnamdi a rock-star status and fanned the agitation for secession of Biafra. Kanu has rights so does Evans and so do you. You might think that the police' whimsical approach is justifiable, but i must remind you that the police is abusing the law not because Evans is a thief but because our system has no respect for the rule of law. This means that, tomorrow, God-forbid, someone close to you will be abused not because he or she stole or killed but because the police are the law to themselves. I can't stress enough the importance of following through with the law, even though the law in itself is not perfect. It might mean that Abu Qatada ( a prominent terrorist promoter) could not be deported from the UK because they were following the law, or that Nigeria cannot nail a corrupt official, but overall it would pay off for any country.
ReplyDeleteIn fact, I don't no the integrity this lawyer has? And he should have advised genuinely and protect his name but trust the opportunist lawyer....what do we expect.... But be as it may, I have said this and here I am saying again.... When these devilish people including the rogues in politics are committing their heartless crime, they forget rule of law and fundamental right but when caught and are made to face the punishment, then some opportunist, disgruntled and senseless lawyers will start making money and bring concussion. I wonder when we are getting out of this madness
ReplyDeleteActually Evans fundamental rights had been trampled on by the police, for allowing media interview. Even, if the police has 3 months court order to hold him, am sure it didn't give the police department authority to subject him to press ridicules. The police department should conduct their investigation without releasing any press statement to the press. This will even more help them in their investigation.
ReplyDelete