A Federal High Court in Lagos will on August 29 deliver
judgment in the N300 million fundamental human rights suit filed by the alleged
infamous kidnapper, Chukwudumeme Onwuamadike a.k.a Evans.
Onwuamadike had filed the suit seeking N300 million
compensation and challenging his continued detention by the Inspector General
of Police, Ibrahim Idris, since June 10.
Joined in the suit are the Nigeria Police, Lagos State
Police Commissioner and the State Anti-Robbery Squad (SARS)
At Wednesday’s proceedings, Henry Obiazi, counsel to the IGP
and the Police, told the court that the case involved murder, armed robbery and
kidnapping which are all capital offences.
Obiazi, requesting that the N300 million suit should be
dismissed, citing Section 35 (7) of the 1999 Constitution.
He noted that the fundamental rights suit of the applicant
was not absolute and that Onwuamadike would soon be arraigned in court by the
Directorate of Public Prosecutions (DPP).
“Though the Constitution guarantees the fundamental rights
of every Nigerian citizen, these rights are not absolute. When it has to do
with capital offences, I urge the court to hold that the application is
unmeritorious and should dismiss it,” he
said.
In his submission, Emmanuel Eze, counsel to the State Police
Commissioner and SARS, noted that the applicant has not showed any cause of
action against his clients.
Eze told the court that Onwuamadike was arrested by the
Intelligence Response Team (IRT) set up by the IGP and not by the Lagos State
Commissioner of Police or SARS.
He faulted claims that Onwuamadike was subjected to a trial
by media, noting that no material fact has been placed before the court.
He alleged that prior to his arrest, the alleged kidnap
kingpin had been involved in numerous robberies including several attacks on
bullion vans with an undisclosed number of policemen losing their lives.
“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 terrorizing states across the country, I urge the
court to dismiss this application with punitive costs. That will serve as a
deterrent to others who may want to file such a frivolous application in
future,” Eze said.
However, counsel to Onwuamadike, Olukoya Ogungbeje, in his
submission, requested that the court should hold that the respondents had acted
contrary to the law by detaining him since June 10.
He countered claims by the lawyers to the respondents that
an accused who has allegedly committed a capital offence can be detained by an
order of court.
According to Ogungbeje, the assertion is only applicable
where an accused seeks bail after 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.”
After listening to the submissions of the lawyers, Justice
Abdul-Azeez Anka, adjourned the case until August 29 for judgment.
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