SUSPECTED billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans, has sued the Inspector General of Police claiming that his 25 trucks were unlawfully seized and converted to personal use.
Defendants in the suit are: Nigeria Police Force (NPF), Inspector-General of Police Response Team (IRT), Lagos State Police Commissioner, and Special Anti-Robbery Squad (SARS).
In the said suit, Evans through his lawyer, Olukoya Ogungbeje, is seeking a declaration that the forceful seizure and confiscation of his 25 Mack trucks with plate numbers: BDG 78 XT, GGE 491 XU, 290 XU, FST 742 XT, AGL 219 XT, AGL 222 XT, GGE 492 XU, AGL 220 XT, GGE 489 XU, and others, on June 15, 2017, without any court order is illegal, wrongful, unlawful, unconstitutional as it violates his fundamental right as guaranteed by section 33 and 36 of the 1999 Constitution of the federal republic of Nigeria.
Evans also asked the court for an order compelling the respondents, their operatives, agents, privies, officers or anybody deriving authority from them to immediately and unconditionally release his 25 Mack trucks, forcefully seized and confiscated from him without any court order.
The suspected kidnapper is also seeking an order compelling the respondents to tender an apology to him and pay him the sum of N200 million, as general and exemplary damages for the threat to his life and rights, harassment, inconvenience, and forceful seizure and confiscation of his 25 Mack trucks.
Responding to the suit, the Inspector-General of Police (IGP), on Thursday, asked the court, to dismiss the suit describing it as an abuse of the court.
But, the IGP and other respondents in the suit, through their lawyer, Emmanuel Eze, urged the court to dismiss Evans’ suit with punitive cost.
In urging the court to dismiss Evans’ case, the lawyer to the respondents told the court that all the declarations sought by the applicant on the alleged seized and confiscated 25 Mack trucks and order of payment of N200 million, had been decided by Justice Abdulazeez Anka, on January 16, 2018, in a fundamental rights suit filed by Evans.
The defence counsel also told the court that the applicant (Evans) lied to the court that only 11 trucks, 10 in Lagos, and one in Anambra states were recovered.
The lawyer also told the court that the applicant (Evans) in his confessional statement stated that the trucks were 11 and purchased by proceeds of ransom collected from his victims.
Parts of his confessional statement which was read in court reads: “the money is used to buy the trucks are proceeds and ransoms collected from kidnapping and the victims of the kidnap.
“I also built a house in Ghana, I have 11 trucks in my company, some are working, some are not working.”
Emmanuel also told the court that by virtue of Section 143 of the Administration of Criminal Act (ACJA), security agents are empowered to confiscate proceeds of crime and that it was on such basis that the applicant’s 11 trucks were legally seized. And that there was no time the respondents converted the trucks to their own use.
Emmanuel urged the court to dismiss Evans’ suit for being an abuse of court process, and also to award punitive cost against him.
Justice Hadiz Rabiu-Shagari, after listening to the arguments and submissions of both parties, adjourned the matter till April 19, for judgment.
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