Suspected billionaire kidnapper, Chukwudumeme Onwuamadike (a.k.a. Evans), has again dragged the Inspector General of Police, and three others before a Federal High Court in Lagos over his alleged illegal detention.

In the new suit filed yesterday, Evans is claiming N300 million as general and exemplary damages against the police for alleged illegal detention and unconstitutional media trial.

Joined as respondents in his new originating motion are the Nigeria Police Force, the commissioner of Police, Lagos State and the Special Anti-Robbery Squad, Lagos State Police Command.

Evans had, on June 28 filed an ex parte application with reference number FHC/L/CS/1012/2017, before the same court, seeking an order directing the respondents to charge him to court.

He had also in the alternative, sought an order directing the respondents to release him unconditionally where no charge is preferred against him.

In an affidavit deposed to by his father, Mr Stephen Onwuamadike, it was averred that the applicant has been subjected to media trial without any court order by the respondents.

Onwuamadike 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 before a court of law.

Evans contended that his continued detention by the respondents since June 10, without a charge, or release on bail, is an infringement on his fundamental rights.

In his new suit also marked FHC/L/CS/1012/ 2017 and with the same persons as respondents, the applicant is seeking a declaration that his continued detention since June 10 without arraignment, violates his fundamental rights as guaranteed under the 1999 Constitution.

He is also seeking a declaration that his parade on June 11 before journalists in Lagos, at the Lagos Police Command Headquarters in Ikeja, without any court order, is unconstitutional and illegal.

He is consequently, seeking an order, compelling the respondents to immediately arraign him before a law court, or release him from custody forthwith.

‘Evans’’ is also seeking an order, compelling the respondents to jointly and severally, pay him the sum of N300 million as exemplary damages for illegal detention and alleged harm caused by the alleged  media trial.

The suspect is also seeking an order of perpetual injunction, restraining the respondents from further arresting, detaining, harassing, investigating or inviting him in relation to the facts of his case.

He is also seeking further orders as the court may deem fit, to make in the circumstances.

No date has been fixed for hearing in his latest suit.

Chukwudi Dumeme Onuamadike (Evans) speaking to journalists when he was paraded by the Nigerian Police.

Kidnap kingpin, Chukwudumeme Onwuamadike a.k.a. Evans, has dragged the Inspector-General of Police, Ibrahim Idris and three others before the Federal High Court in Lagos over alleged illegal detention.

Joined as respondents in the suit are the Nigeria Police Force, Commissioner of Police, Lagos State and the Special Anti-Robbery Squad, SARS, Lagos State Police Command.

In the rights enforcement suit filed on his behalf by a Lagos-based lawyer, Olukoya Ogungbeje, Evans is praying for the order of court to direct 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 1999 Constitution of the Federal Republic of Nigeria.

In the alternative, he is praying the court to compel the respondents to immediately release him unconditionally in the absence of any offence that will warrant his being charged to court.

Evans is further contending in the suit 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.

He argued that the respondents ought to have charged him to court in accordance with the provisions of Sections 35 and 36 of the Constitution.

It was further argued that the alleged offence committed by the applicant (Evans) are correspondingly intertwined with the constitutional safeguards as provided under Sections 35 and 36 of the Constitution.

Evans’ dad deposes to affidavit in son’s support

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.”