The Court of Appeal, Lagos Division on Thursday August 12, dismissed an appeal filed by suspected notorious kidnapper, Chukwudumeme Onwuamadike, popularly known as Evan, against the judgment of Justice Hadizat Rabiu-Shagari of the Federal High Court that his 25 trucks be seized by the police.
The same suit had once been dismissed in 2019, by A Lagos high court judge, Rabiu-Shagari, for lacking in merit.
Evans however, through his lawyer, Olukoya Ogungbeje, approached the Appeal court in a suit marked FHC/L/CS/1515/17, accusing the Inspector-General of Police, Special Anti-Robbery Squad (SARS) and two others have converted his trucks to personal use without court order.
Other respondents are the Nigerian Police Force (NPF), Inspector-General of Police Response Team (IRT), and the Lagos State Commissioner of Police.
He requested that the court N200 million as general and exemplary damages against the police for the alleged violation of his rights under sections 36, 43, and 44 of the 1999 constitution.
However, the police, through its legal counsel, Emmanuel Eze, urged the court to dismiss the suit as the trucks were proceeds of crime and were taken as exhibits.
In counter-affidavit deposed by Inspector Haruna Idowu, it was said that Evans acquired 11 trucks with proceeds of crime but the police recovered 10. He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos high court.
He said; “The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defied police arrest for over 10 years and who had terrorised many states of Nigeria with his various gang members. The applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition were recovered from the applicant during his arrest,”
“The applicant had purchased various properties with proceeds of armed robbery and kidnapping. He purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos because the applicant’s brother-in-law, Mr Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.”
Reaching a judgment on the appeal, Judge Joseph Ikyegh, in his lead judgment, pointed out that a search warrant 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 also added that section 153 of the Act permits the police to retain proceeds of crime until the case is disposed of. Hence, the sections are in line with section 44(1)(k) of the amended 1999 Constitution of Nigeria, which permits the temporary seizure of property for investigation or restitution.
Justice Ikyegh maintained that since the trial was pending, the word ‘Confiscate’ used by counsel to the appellant was not appropriate in the circumstance.
He, consequently, upheld the decision of Justice Rabiu-Shagari and dismissed Evans’ appeal.
Other members of the panel, Justices Abubakar Sadiq Umar and Onyekachi Aja Otisi, agreed with the lead judgment.
