Ladipo Sanusi/
Alleged billionaire kidnapper, Chukwudumeme Onwuamadike a.k.a. Evans, may be released from police custody before the end of August.
This followed the decision of a Federal High Court, Lagos to decline the prayer of the police to dismiss the fundamental rights enforcement suit filed by the suspect’s lawyer against the Inspector-General of Police (IGP) and three others due to procedural error.
The court ruled that leave was not required for the matter to be heard during vacation contrary the argument by the police.
It added that Order 4 Rule 5 of the Fundamental Rights Enforcement Procedure Rules of 2009 enjoins the court to pursue speed and justice on issues of fundamental human rights.
The court consequently fixed August 29 to rule on whether to release Evans or not.
The suspect, through his lawyer, Olukoya Ogungbeje, is also asking the court to award a N300 million cost against the police for the violations of his rights.
Other respondents in the suit include the Nigeria Police Force (NPF), Lagos State Commissioner of Police and the Special Anti-Robbery Squad (SARS).
The court, presided over by Justice AbdulAzeez Anka, fixed the date after listening to the arguments of counsels to all the concerned parties when the case resumed on Wednesday.
In urging the court to dismiss Evans’ suit, counsel to the IGP and NPF, Henry Obiazi, told the court that the case has to do with murder, armed robbery and kidnapping, which are all capital offences.
Obiazi cited section 35 (7) of Constitution to argue that the fundamental rights of the applicant is not absolute, adding that the applicant will soon be arraigned in court by the Directorate of Public Prosecution (DPP).
He said: “Though the Constitution guarantees the fundamental rights of every Nigerian citizens, these rights are not absolute, particularly, when it has to do with capital offence. I urged the court to hold that the application is unmeritorious and dismiss it.”
Also, lawyer representing the Lagos State Commissioner of Police and the Special Anti-Robbery Squad (SARS), Emmanuel Eze, argued that the applicant has not shown any cause of action against his clients.
He claimed that the applicant was arrested by the Intelligence Response Team (IRT) set up by the IGP and not by any of his clients.
He also faulted claims that the applicant was subjected to media trial saying no material fact has been placed before the court in that regard.
According to him, the nature of the offences allegedly committed by the applicant are conspiracy, armed robbery, kidnapping and murder.
He also claimed that prior to his arrest, the applicant had been involved in many robbery operations, including a series of attacks on bullion vans that led to the deaths of many policemen.
“My lord, it is not up to 90 days that the applicant was arrested. Besides, there is an order of the court for his remand. The applicant is an international kidnapper terrorising states across the country. I urged the court to dismiss this application with punitive costs so as to serve as a deterrent to others who may want to file such frivolous application in the future,” the lawyer added.
Ogungbeje however urged the court to hold that the respondents had run foul of the law by detaining his client since June 10, 2017.
He also faulted the arguments of the respondents’ lawyers that a suspect that has committed a capital offence can be detained without a court’s order.
According to him, the assertion is only applicable at the point where the suspect is seeking for bail after his arraignment.
“The proper thing for the respondents to do is to have the applicant arraigned and later inform the court about the capital nature of the offence upon which he may then be remanded in their custody,” he said.
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