Ladipo Sanusi/
Suspected billionaire kidnapper, Chukwudumeme Onwuamadike aka Evans, is in a fresh tussle with the Inspector General of Police (IGP), Mr Ibrahim Idris over some seized properties.
Evans’ lawyer, Olukoya Ogungbeje, has filed a suit against the IGP and four others seeking to reclaim 25 Mack trucks allegedly illegally seized from the suspect after he was arrested.
He described the seizure as unlawful and an abuse of court process.
The IGP, however, asked a Federal High Court in Lagos to dismiss the suit marked FHC/L/CS/1515/17.
The suit was filed against the IGP, the Nigeria Police Force (NPF), the Intelligence Response Team (IRT), Lagos State Commissioner of Police and the Special Anti-Robbery Squad (SARS).
In the suit, Evans 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 the 25 Mack trucks.
He 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 alleged threat to his life and rights, harassment, inconvenience, and forceful seizure and confiscation of his trucks.
He also asked for an order of perpetual injunction restraining the respondents, its officers, officials, agents, servants or privies or anybody deriving power from them, from further harassing, intimidating, arresting, detaining, threatening, inviting, forceful seizure and confiscation of his trucks and other properties, charging, seizing or taking any untoward action against him.
But, the IGP and other respondents in the suit, through their lawyer, Emmanuel Eze, urged the Court to dismiss Evans’ suit with punitive cost.
The lawyer told the court that all the declarations sought by the applicant, except 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 police lawyer said: “My Lord, the applicant in countering our preliminary objection, raised issue that the extant action is distinguishable from the one judgment has been delivered by Justice Anka. The only differences are reliefs one and three. Reliefs two, four and five still talk about some action pending before Anka J, on which judgment had been delivered.”
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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