Court strikes out Evans’ N1b suit against police

A Lagos Federal High Court yesterday struck out the fundamental rights enforcement suit filed by kidnap suspect, Chukwudumeme Onwamadike aka Evans, against the police for alleged forcible seizure of his property.

Justice Mojisola Olatoregun held that the court lacked jurisdiction to entertain the case.

She said the suit should have been filed at the  Lagos High Court where the applicant is facing trial for alleged kidnapping.

Evans, through his counsel, Mr. Olukoya Ogungbeje, filed the suit last June, joining the Inspector-General of Police (I-G), Nigeria Police and I-G’s Intelligence Response Team (IRT).

The applicant prayed the court to declare the seizure of his property as respondent without any court order as illegal and unconstitutional.

He listed some of the property as N500 million, another N500 million, two residential houses located at Magodo, Lagos State, a Brigade wristwatch worth $20,000, necklaces worth $25,000 and five pieces of diamond rings.

Also listed are one Lexus 470, a Grand Cherokee, a Toyota Highlander, 85 Samsung television sets, 45KVA generator, 22KVA generator, 20KVA inverter worth N10 million and five set of freezers.

Evans sought an order compelling the respondents to unconditionally release the property.

He also asked for an order compelling the respondents to unconditionally unseal and vacate without delay, the two residential houses at Magodo.

The judge noted that the respondents did not file any defence despite being served hearing notices.

She, however, held that when confronted with a claim under the fundamental rights enforcement procedure, it would be important for the court to critically look at the reliefs sought.

Justice Olatoregun said the main issue to be decided was whether the plaintiff’s claim constituted a violation of his rights under the Fundamental Human Rights (Enforcement Procedure), adding that the right to own a property could not be denied except for due process of the law.

She held that the applicant failed to show that the properties were forceibly seized within the circumstances of his arrest.

“The only conclusion I can draw is that the properties were taken consequent upon his trial for kidnapping before the Lagos State High Court.

The judge said although federal and state high courts have concurrent jurisdiction, the instant case should have been taken to the court where the defendant is facing trial.

“This court must be careful not to interfere with due process of the ongoing trial of the applicant before the Lagos State High Court.

“This court lacks the jurisdiction to entertain this case; same is hereby struck out,” she said.

Other prayers sought by Evans include an order compelling the respondents to apologise and pay him N1 billion as damages for the alleged forceible seizure of his property.

He also sought an order of perpetual injunction restraining the respondents from taking any action against him or any of his property in relation to this case.