The Court of Appeal, Lagos Division has pushed aside an attraction filed through suspected kidnapper Chukwudumeme Onwuamadike, popularly regarded as Evans, difficult the seizure of his 25 vans via the Nigerian Police.
Three justices of the courtroom disregarded Evans’ enchantment for missing in benefit when the count number got here up on Thursday.
Justice Joseph Ikyegh examine the lead judgment which used to be supported by means of different individuals of the panel – Justice Abubakar Umar and Justice Onyekachi Otisi.
He held that the search warrant issued and carried out in line with Section one hundred forty four of the Administration of Criminal Justice Act of Nigeria, 2015 empowered the police to get better the trucks.
The decide additionally held that Section 153 of the Administration of Criminal Justice of Nigeria 2015, lets in the police to preserve proceeds of crime till the case is disposed of.
He noted that these sections had been in line with part 44(1)(k) of the Constitution of Nigeria, 1999 (as amended), which approves the brief seizure of property for the cause of investigation or for restitution.
Justice Ikyegh additionally held that for the reason that the trial was once nevertheless pending, the phrase ‘confiscate’ as used through Evans’ information used to be now not gorgeous in this circumstance.
Consequently, he upheld the selection of Justice Hadiza Rabiu-Shagari of Federal High Court and brushed aside Evans’ attraction for missing in merit.
At the Federal High Court, Evans had accused the Inspector-General of Police and 4 others of unlawfully seizing his 25 vans and changing identical to their own.
The different 4 respondents are the Nigeria Police Force (NPF), Inspector-General of Police Response Team (IRT), Lagos State Commissioner of Police, and Special Anti-Robbery Squad (SARS).
Through his counsel, Olukoya Ogungbeje, Evans alleged that the stated vans had been seized from him besides a courtroom order, as the police forcefully confiscated the vans from him seeing that June 15, 2017.
He requested the courtroom to award N200 million as generic and exemplary damages towards the police for the alleged violation of his rights underneath Sections 36, 43, and forty four of the 1999 Constitution.
But the police, via their counsel, Emmanuel Eze, requested the court docket to push aside the go well with as the vehicles have been proceeds of crime and exhibits.
In a counter-affidavit put before the court, Inspector Haruna Idowu, stated the suspect received eleven vans with proceeds of crime, including that 10 of them had been recovered through the police.
He delivered that the vans have been listed as famous in the crook costs filed towards Evans at the Lagos State High Court.👇👇👇Follow Us On Social Media👇👇👇