Appeal court dismisses Evan’s N200m, 25 trucks suit against police

The Lagos Division of the Court of Appeal, yesterday, dismissed an appeal filed by notorious kidnapper, Chukwudumeme Onwuamadike, a.k.a. Evans, against the judgment of Justice Hadizat Rabiu-Shagari, of the Federal High Court, over his seized 25 trucks by the Nigeria Police.

The three Justices of the Appeal Court dismissed Evans’ appeal for lacking in merit.

Delivering the lead judgment on the appeal, Justice Joseph Ikyegh held that a search warrant was issued and executed in line with Section 144 of the Administration of Criminal Justice Act of Nigeria, 2015 empowering the police to recover the trucks.

He added that Section 153 of the Administration of Criminal Justice of Nigeria 2015, permits the police to retain proceeds of crime until the case is disposed of.

The judge also held that the sections are in line with Section 44(1)(k) of the Constitution of Nigeria 1999 (as amended), which permits the temporary seizure of property for the purpose of investigation or for restitution.

Justice Ikyegh further held that the trial is still pending and that the word ‘confiscate’ as used by the counsel for the appellant was not appropriate in this circumstance.

He consequently upheld the decision of Justice Rabiu-Shagari of the Federal High Court and dismissed Evans’ appeal for lacking in merit.

Other members of the panel, Justice Abubakar Sadiq Umar and Justice Onyekachi Aja Otisi, agreed with the lead judgment.

Evans through his counsel, Mr. Olukoya Ogungbeje, in a suit accused the Inspector-General of Police and four others of unlawfully seizing his 25 trucks and converting same to their own.

Other respondents are the Nigeria Police Force (NPF),

Inspector-General of Police Response Team (IRT), Lagos State Commissioner of Police, and Special Anti-Robbery Squad (SARS).

Evans, had alleged that the said trucks were seized from him without a court order on June 15, 2017 without any court order.

Justice Rabiu-Shagari had on April 19, 2019, dismissed Evans’ suit for lacking in merit.

Dissatisfied with the judgment, Evans through his lawyer, Ogungbeje, approached the appeal court.

The police through their counsel, Mr. Eze Esq, also filed a counter to the appeal and urged the court to dismiss it.