Justice Abdulazeez Anka of the Federal High Court, Lagos today dismissed the N300 million fundamental right enforcement suit, instituted by suspected kidnapper, Chukwudumeme Onwuamadike also known as Evans.
Justice Anka dismissed the suit for lacking in merit.
Evans had filed the suit against the Inspector-General of Police (IGP), Ibrahim Idris and three others challenging his arrest and detention beyond the legally allowed time by the police.
Joined as respondents in the suit were the Nigerian Police Force (NPF), Commissioner of Police (COP) Lagos State and the Lagos State Anti-Robbery Squad (SARS) as second, third and fourth respondents respectively.
In the fundamental rights enforcement suit, Evans, had urged the court for an order directing the police to charge him to court immediately or release him on bail. Evans had also alleged that he was subjected to media trial during his arrest.
Ogungbeje argued that Evans’ detention since June 10 to 22, 2017 without being charged to court was a violation of his client’s fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.
However, the police through its counsel, Emmanuel Eze, had urged court to discountenance Evan’s application, and dismissed same accordingly, for lacking in merit, as no infraction was committed as claimed by Evans.
In his judgment on the suit on Tuesday, Justice Anka ruled that Ogungbeje was unable to argue his case based on Section 35 and 36 of the constitution.
The judge also ruled that the decision of the police to detain Evans from June 10, till June 22, 2017, was reasonable, as the police had told the court that they had an order to detain him for 90 days.
On the allegation of subjecting the applicant, Evans, to media trial, the judge stated that there is no law that can stop the media from carrying out their constitutional duty. Consequently, Justice Anka pronounced Evans’ suit not succeed and dismissed it accordingly.
“This case did not succeed and accordingly dismissed. All parties have the right of appeal”, Justice Anka ordered.