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  • Evans: Sentence not surprising, evidence overwhelming – Lawyers

    Evans: Sentence not surprising, evidence overwhelming – Lawyers

    The Ikeja Chapter of the Nigerian Bar Association (NBA) has lauded the sentence of life imprisonment given to kidnap kingpin, Chukwudimeme Onwuamadike alias Evans, by an Ikeja High Court.

    Justice Hakeem Oshodi on Friday sentenced Evans and two of his co-accused, Uche Amadi and Okwuchukwu Nwachukwu, to life imprisonment after finding the trio guilty of a three-count charge of conspiracy and kidnapping.

    Speaking with the News Agency of Nigeria (NAN), the Chairman of the Ikeja Chapter of the NBA, Mr Bartholomew Aguegbodo, lauded the verdict.

    “The sentence is not surprising. It is something he (Evans) must have even seen coming, because evidence against him was overwhelming.

    “The sentence of life imprisonment is fair considering the evidence against him,” the NBA chairman said.

    Mr Wahab Shittu, a lawyer and lecturer at the Faculty of Law, University of Lagos, also hailed the judgment, noting that there should be consequences for criminal infractions.

    “Once there are consequences for such infractions, criminal offences are deterred, and the society is safe and secure and victims are assuaged,” he said.

    According to Shittu, the verdict is also a proof that there is rule of law in Nigeria.

    “The fact that he was subjected through the trial process, and not dealt with extra-judicially, shows that our democracy and justice delivery system are working,” he said.

    Human rights activist and lawyer, Mr Malachy Ugwumadu, said that justice had been served and the “long arm of the law has caught up” with Evans and his accomplices.

    Ugwumadu,who is also a former Chairman of the Committee for the Defence of Human Rights, said that evidence against Evans was overwhelming.

    “The trajectory of the trial is one that saw so many lawyers exiting the case possibly because they appreciated the watertight evidence presented in relation to the charges.

    “This is a positive outcome in the battle against crime and criminality.

    “Criminals may initially feel that they have the upper hand while enjoying the proceeds of crime or loot but the law will eventually catch up with them,” he said.

    NAN reports that Oshodi sentenced the convicts for kidnapping Mr Donatius Dunu, the Chief Executive Officer of Maydon Pharmaceuticals Ltd.

    Lagos State Government which prosecuted the convicts, said that they abducted Dunu on Feb. 14, 2017, on Obokun Street, Ilupeju Road, Lagos State.

    According to the state government, Dunu was shackled and blindfolded during his 88-day ordeal, which ended after he escaped from captivity on May 12, 2017, and alerted the authorities.

    At the time of Dunu’s escape, the convicts had collected 223,000 euros as ransom from his family for his release.

    Evans’s other co-defendants- Ogechi Uchechukwu, Chilaka Ifeanyi, an ex-soldier, and Victor Aduba, also an ex-soldier, were, however, discharged and acquitted.

    The court held that there was no evidence linking them to the crimes.

  • Evans showed no remorse during trial despite huge evidence – Judge

    Evans showed no remorse during trial despite huge evidence – Judge

    After a five-year trial, kidnap kingpin, Chukwudimeme Onwuamadike alias Evans, on Friday got life imprisonment for conspiring with two others to kidnap Mr Donatius Dunu, Chief Executive Officer, Maydon Pharmaceuticals Ltd.

    Justice Hakeem Oshodi of an Ikeja High Court, who passed the sentence, said that Evans and two others did not show any remorse during the trial in spite of huge evidence against them.

    Lagos State Government prosecuted Evans and five others before the court.

    In a three-hour judgment, Oshodi held that the state proved its case beyond reasonable doubt against Evans and two of his co-defendants – Uche Amadi and Okwuchukwu Nwachukwu.

    The judge convicted the trio on a two-count charge of conspiracy and kidnapping.

    He, however, discharged and acquitted the other co-defendants – Ogechi Uchechukwu, Chilaka Ifeanyi an ex-soldier; and Victor Aduba, also an ex-soldier.

    Oshodi held that there was no evidence linking them to the crimes.

    “It has to be stated that none of the three defendants showed any remorse during the trial. Despite the huge evidence stacked against them, they tried to lie their way out.

    “The court is also mindful of the harrowing experience of the victim of the kidnapping, to be restrained and blindfolded during the period of his captivity until his escape.

    “A lesson must be taught. In this respect, the law is the law which must be upheld.

    “Section 2(1) of the Kidnapping Prohibition Law of Lagos State, 2017 prescribes a punishment of life imprisonment. The court has no discretion.

    “In this respect, the first, second and fourth defendants – Chukwudimeme Onwuamadike a.k.a Evans, Uche Amadi and Okwuchukwu Nwachukwu – are each hereby sentenced to life imprisonment. This is the sentence of the court,” he held.

    Earlier, Oshodi dismissed an allegation made by Evans in his final written address to the effect that he was tortured by the police into confessing to the crimes, in contravention of Section 9(3) of the Administration of Criminal Justice Law.

    The judge said that two video tapes of Evans’s confession to the police, which where played in court, showed him smiling while admitting to the crimes.

    He added that a close analysis of his physical appearance in the videos showed no evidence of torture.

    Oshodi noted that during the trial, Evans claimed that on Feb. 14, 2017, the day Dunu was kidnapped, he was at home with his wife.

    “He never elected to call his wife to corroborate this crucial fact, instead, he elected to call his sister (Mrs Ndubuisi Obiechina) to give evidence on his behalf.

    “His sister, during cross-examination, agreed that she did not know the movement of the first defendant (Evans) on Feb. 14, 2017.

    “Without mincing words, the evidence of DW2 (Obiechina) is tainted.

    “She decided to focus on the extrajudicial statement made by the first defendant despite the fact that the court had undertaken an investigation on the validity of the statement in a trial-within-trial,” he said.

    Before the sentence was passed, counsel to Evans, Mr H. O. Ajibola, in his allocutus (plea for mercy), told the court that he believed that Evans had turned a new leaf.

    “I pray my lord tempers justice with mercy; this is his first conviction,” he said.

    Counsel to Amadi, Ms Evelyn Obogwu, said that her client was a first-time offender.

    “He has a son and aged parents who depend on him for livelihood. I urge my lord to be lenient,” she prayed.

    Mr Olanrewaju Ajanaku, counsel to Nwachukwu, also pleaded for mercy for his client, saying that the father of three had become remorseful.

    “I pray your lordship will temper justice with mercy and integrate him into the society because he has learnt his lesson and seen the folly of his ways,” he said.

    Lagos State Solicitor-General and Permanent Secretary, Ministry of Justice, Ms Titilayo Shitta-Bey, in her response, prayed for a harsh sentence on the convicts to serve as a deterrent.

    “In view of the gravity of the offence which is very prevalent in our society, I urge this honourable court to impose a harsh sentence that will serve as a deterrent to people of similar minds.

    “The message has to be sent out loud and clear, through the punishment meted out to the defendants, that there will be zero tolerance for this type of criminal act in our society,” Shitta-Bey said.

    NAN reports that this is the first judgment delivered in the five kidnapping trials Evans is facing at the various High Courts of Lagos State.

    Evans and his co-defendants were arraigned before Oshodi on Aug. 31, 2017, on a two-count charge of conspiracy and kidnapping.

    According to prosecution, Dunu was kidnapped by Evans and his other gang members on Feb. 14, 2017, on Obokun Street, Ilupeju Road, Lagos State, and was shackled and blindfolded during his 88-day ordeal.

    It said that the gang collected 223,000 euros as ransom from Dunu’s family for his release.

    Prosecution closed its case on Jan. 10, 2020, after presenting four witnesses, including Dunu

    Defence closed its case on Aug. 3, 2021, after the six defendants and Evans’s sister, Mrs Ndubuisi Obiechina testified.

    The offences are in violation of Section 2(1) of the Kidnapping Prohibition Law, No. 13, Laws of Lagos State, 2017, and Section 411 of the Criminal Law of Lagos State, 2015.

    NAN

  • BREAKING: Evans sentenced to life imprisonment

    BREAKING: Evans sentenced to life imprisonment

    An Ikeja High Court on Friday sentenced kidnap kingpin, Chukwudimeme Onwuamadike alias Evans, to life imprisonment for the kidnap of Mr Donatius Dunu, the Chief Executive Officer of Maydon Pharmaceuticals Ltd.

    Justice Hakeem Oshodi also sentenced Evans’s two co-defendants; Uche Amadi and Okwuchukwu Nwachukwu, to life imprisonment for the same offences.

    The judge, however, discharged and acquitted the other co-defendants, Ogechi Uchechukwu, Chilaka Ifeanyi, an ex-soldier; and Victor Aduba, also an ex-soldier.

    The judge held that there was no evidence linking them to the crimes.

    Sentencing the convicts, Oshodi said that they did not show any remorse for their crimes and had tried to “lie their way out of the charges” during the trial.

    Oshodi noted that the Kidnapping Prohibition Law of Lagos State prescribed a mandatory life sentence for any individual found guilty of kidnapping.

    “A lesson must be taught. In this respect, the law is the law which must be upheld.

    “The first, second and fourth defendants- Chukwudimeme Onwuamadike a.k.a Evans, Uche Amadi and Okwuchukwu Nwachukwu, are each hereby sentenced to life imprisonment.

    “This is the sentence of the court,” he said.

    This is the first judgment delivered in the five kidnapping trials Evans is facing at the various High Courts of Lagos State.

    The defendants were arraigned before Oshodi on Aug. 31, 2017, on a two-count charge of conspiracy and kidnapping.

    According prosecution, Dunu was kidnapped on Feb. 14, 2016, on Obokun Street, Ilupeju Road, Lagos.

    He was shackled and blindfolded during his 88-day ordeal, and the convicts collected 223,000 euros as ransom from his family for his release.

    The prosecution closed its on Jan. 10, 2020, after presenting four witnesses including Dunu.

    Defence closed its case on Aug. 3, 2021, after the six defendants and Evans’s sister, Mrs Ndubuisi Obiechina, testified.

    The offences are in violation of Section 2(1) of the Kidnapping Prohibition Law, No. 13, Laws of Lagos State, 2017.

  • BREAKING: Notorious Evans found guilty of kidnapping charges

    BREAKING: Notorious Evans found guilty of kidnapping charges

    Kidnap kingpin, Chukwudi Onuamadike, popularly known as Evans, and two others have been found guilty of conspiracy and kidnapping by an Ikeja High Court.

    Evans was arrested in 2016 after the police announced a thirty-million-naira bounty in return for information leading to his arrest.

    For at least seven years, Evans co-ordinated bank robberies across Oyo, Port Harcourt and Abia, as well as numerous high-profile kidnaps whose ransoms amount to hundreds of millions of naira.

    He was found guilty on Friday, in a three-hour judgment delivered by Justice Hakeem Oshodi, who also convicted two of Evans’s co-defendants, Uche Amadi and Okwuchukwu Nwachukwu.

    Evans was found guilty of kidnapping Mr Donatius Dunu, the Chief Executive Officer (CEO) of Maydon Pharmaceuticals Ltd.

    Oshodi found the three persons guilty of conspiracy and kidnapping.

    The judge, however, discharged and acquitted the other co-defendants, Ogechi Uchechukwu, Chilaka Ifeanyi, an ex-soldier; and Victor Aduba, also an ex-soldier.

    He held that there was no evidence linking them to the crimes.

    At the time of filing this report, the case has been stood down for an hour for sentencing of the convicts.

     

  • Evans denies kidnapping businessman, collecting $420,000 ransom

    Evans denies kidnapping businessman, collecting $420,000 ransom

    Alleged kidnap kingpin, Chukwudimeme Onwuamadike, alias Evans, at an Ikeja Special Offences Court, denied kidnapping a businessman, Sylvanus Ahamonu and collecting a 420,000 dollar ransom from his family.

    Evans is standing trial alongside an ex-soldier, Victor Aduba, on a four-count charge of kidnapping and unlawful possession of firearms.

    He made the denial on Friday while under cross-examination by the state prosecutor, Mr Yusuf Sule.

    Evans told the court that he was born on April 22, 1980 and was from Nnewi, Anambra. He vehemently denied knowing Ahamonu prior to seeing him after his arrest.

    When Sule noted that Ahamonu had identified him when he testified virtually (via the Zoom app) in court, Evans said he was easily identifiable.

    “Ahamonu and Idowu Haruna (the Investigating Police Officer) could have conspired with the police.

    “My pictures are everywhere, all over the world. Before my picture was everywhere, people knew who I was.

    “I had a haulage and logistics business with over 30 staff and drivers in Amuwo-Odofin,” he said.

    The alleged kidnap kingpin said he had made no mention of his haulage and logistics business in his statement because it was written by the police.

    Responding to questions, Evans said he also did not provide medical documents proving his alleged torture by the police to the court.

    He, however, noted that while he was incarcerated, he had filed a fundamental human rights suit against the police at the Federal High Court, Lagos, over the alleged torture.

    Explaining why he was seen in a jovial mood in the confessional video played in the court when prosecution presented its case, Evans said he was forced to act that manner by the police.

    “The police told me to be laughing and smiling in the video. You do not know what I encountered in the hands of Abba Kyari and his boys. My eyes saw hell.

    “It was what they told me to be doing that I was doing,” Evans said.

    Earlier, while testifying in his defence, Evans had said he did not know Ahamonu.

    Led in evidence by defence counsel, Ms O.N Sonuga, he said, “I do not know Slyvanus Ahamonu, I only met him at the IG Guest House in Falomo.

    “One day at the IG Guest House, the police brought some documents and asked me to sign, I asked what the documents were for, they didn’t answer me. They said that if I didn’t co-orperate with them they would kill me.

    “When I refused, Insp. Philip asked them to take me to the back of the guest house. When I got there, they were pressing cigarette butts on my body.”

    He said he saw the people he was paraded with in Ikeja, “and they said l will see what will happen to those people; that it is better I sign those documents.

    “They killed about six persons in my presence and I signed the document, I was not allowed to read it. I think it is the document that was used to bring me to court.

    “I do not know anything about the allegations before this court. I don’t know who Ahamonu is. I only met him at the IG Guest House, I had no prior contact with him.

    Evans also told the court that no firearms were discovered in his home by the police.

    Ahamonu and his wife, Chimebere, had on Dec. 17, 2021 testified virtually how Evans and his gang kidnapped him on June 23, 2014 on Kara Road off Osolo Way, Ajao Estate, Lagos.

    The couple narrated how they sold properties, borrowed money, raised funds from family and well wishers to attempt to raise the initial 2 million dollar ransom that was demanded by Evans.

    Ahamonu said his hands and legs were chained throughout his two months in cavity and was only released when his family had allegedly given Evans the 420,000 dollar ransom, by which time he said he was at the point of death.

    Justice Oluwatoyin Taiwo adjourned the case until March 11 for continuation of trial.

  • How I was kidnapped, tortured by Evans – Businessman

    How I was kidnapped, tortured by Evans – Businessman

    A businessman, Mr Sylvanus Ahamonu, on Friday narrated before an Ikeja Special Offences Court, how he was allegedly kidnapped, tortured and made to pay $420,000 ransom by alleged kidnap kingpin, Chukwudimeme Onwuamadike (alias Evans) and his gang members.

    Ahamonu, gave evidence online via the Zoom App, as the third prosecution witness in the trial of Evans and a dismissed member of the Nigeria Army, Victor Aduba.

    When the witness was asked to identify Evans, who was standing in the dock alongside Aduba, he said, “I know him, that is Evans.”

    He, however, was unable to identify Aduba.

    Led in evidence by Lagos State counsel, Mr Yusuf Sule, Ahamonu said his ordeal began in the evening of June 23, 2014, while he was returning his residence from work, in his car.

    He said his driver was waylaid by two or three men in police and military uniforms, who claimed to be men of the defunct Special Anti-Robbery Squad (SARS) of the Nigeria Police Force.

    “Evans came into my car brandishing an AK-47 rifle. He was wearing a three-quarter Jean trousers.

    “I saw his face, he cannot deny it. The men in army and police uniforms were beating me. They said I was wanted by SARS.

    “Their bus was parked closeby and they took me into the bus, put me on the floor and covered my head. They placed their feet on my head throughout the trip.

    “After about two or three hours, they transferred me to a Sienna car and took me to a building where they handcuffed my hands and legs and began interrogating me about my personal life and business,” he testified.

    The witness said that three weeks into his alleged captivity, his abductors contacted his wife and asked her to pay $2 million ransom or he would be murdered.

    He said his spouse, in order to meet up with the demands, sold their property and contacted family, friends and well wishers, after which she was able to raise $200,000.

    “The money was given to them, and they said it was not complete, they said she must provide the complete money or they would kill me.

    “She additionally sold some things in the village, and gave him another $200,000, and he said the money was not complete yet.

    “My wife raised another $20,000, to give him. We gave them a total of $420,000,” Ahamonu said.

    He told the court that Evans also threatened to kill his immediate elder brother, Dominic, who dropped off the first tranche of $200,000, because he reported the abduction to the police.

    The businessman alleged that Evans also kidnapped his relative, Onyebuchi, who paid the final tranche of $20,000 ransom.

    He said he was later released alongside Onyebuchi.

    He said that his path and Evans’s crossed again after he (Evans) was captured and held in police custody.

    “The police announced that anyone who had been kidnapped by Evans before should come to identify him.

    “When I saw him, he started begging for forgiveness, he told everyone the amount of money he received from me, and how he treated me.

    “My hands and feet were handcuffed for two months and I was blindfolded for that period. I nearly died.

    “Evans told my wife to take me to a hospital, and that if I should die, he would kill her. I had to be flown abroad for treatment,” Ahamonu said.

    While being cross-examined by Evans’s counsel, Mr Victor Opara (SAN), Ahamonu said he never met Evans prior to his alleged ordeal.

    He said when he was accosted by the gang and told that he was wanted by SARS/authorities, he initially did not panic because he was a law-abiding citizen.

    On raising of the funds for the ransom, he said that he had a very large family as well as a lot of friends who were anxious for his wellbeing.

    He told court that the family members and friends helped to raise the money.

    While being cross-examined by counsel to Aduba, Mr Emmanuel Ochai, Ahamonu said that the abduction occured on Kara Road, off Osolo Way, Ajao Estate, Lagos.

    Justice Oluwatoyin Taiwo adjourned the case until Feb. 4, 2022, for continuation of trial.

  • Evans’ trial: How I raised $420,000 ransom for husband’s release, witness tells court

    Evans’ trial: How I raised $420,000 ransom for husband’s release, witness tells court

    A businesswoman, Mrs Chimebere Ahamonu has narrated to an Ikeja Special Offences Court how she raised a ransom of $420,000 for the freedom of her husband.

    Chimebere’s spouse, Mr Sylvanus Ahamonu was allegedly kidnapped by sus[ected kidnap kingpin, Chukwudimeme Onwuamadike alias Evans and his gang on June 23, 2014 on Kara Road, off Osolo Way, Ajao Estate, Lagos.

    The News Agency of Nigeria (NAN) reports that she gave her testimony online via the Zoom App on Friday during the continuation of the trial of Evans and a dismissed member of the Nigeria Army, Victor Aduba.

    The witness said that she had spoken to her husband in the morning of the day of the abduction, but did not sense anything amiss until evening when he was not answering his phone.

    “Then, I was not living in Lagos, I was in Onitsha. I started calling everyone we knew that I did not hear from him.

    “A week later a man called my line with a hidden number that my husband was kidnapped.

    “Another week later the same man called me and demanded $2million for his release. I shouted because I have never seen that kind of money before.

    “I started calling family and well wishers for help,” she said.

    Chimebere said another week later, the same man called her demanding for the ransom and she told him that she could only raise N5million.

    “He said that I was not serious and that if I do not come up with the $2million, I am not ready to see my husband alive. He said even if it is $100,000 I should bring it,” she said.

    The businesswoman said that she sold properties, sought donations from family and friends and managed to raise $200,000 which she sent to Lagos to her brother-in-law, Dominic to deliver the ransom.

    She said that she received a phone call a week later demanding for more money and warning her never to send Dominic to deliver any ransom because he had reported them to the police.

    Chimebere said that fearing for the safety of her spouse, she raised another tranche of $200,000 and came to Lagos to deliver the ransom herself alongside a relation who escorted to the drop-off site.

    “After dropping the $200,000, he called me again to demand for some more money.

    “I told him I have no more money that people were even calling me a scam because of the way I was appealing for funds.

    “I managed to raise $20,000 and it was after then that my husband was released.

    “He instructed that my husband must be taken immediately to hospital so that he would not die,” she said.

    While being cross-examined by Evans’ counsel, Mr Victor Opara (SAN), Chimebere narrated the circumstances surrounding the delivery of the second tranche of $200,000 ransom.

    She said she was unfamiliar with Lagos and had to be accompanied by a relation named Onyebuchi to drop off the ransom under the cover of darkness.

    “I was communicating with the person on the phone throughout the process. I recognised the voice. It was the same voice that had been calling me,” she said.

    Following her evidence, the prosecutor announced that the state will be closing its case against Evans and Aduba.

    NAN reports that the two defendants are facing a four-count charge of kidnapping and unlawful possession of firearms.

    Justice Oluwatoyin Taiwo adjourned the case until Feb. 4, 2022 for the defence to open its case.

  • Evans, five others to know fate in 2022 four years after arrest

    Evans, five others to know fate in 2022 four years after arrest

    The Lagos State High Court in Ikeja has fixed February 25, 2022, to deliver judgment in the case of alleged kidnap kingpin, Chukwudimeme Onwuamadike, also known as, Evans and five others charged with conspiracy and kidnapping.

    Justice Hakeem Oshodi fixed the date after lawyers to Evans and his co-defendants argued and adopted their final written addresses on Friday. The suspect was arrested in June 2017.

    The Lagos State government had arraigned Evans alongside Uche Amadi, Okwuchukwu Nwachukwu, Ogechi Uchechukwu, Chilaka Ifeanyi, and Victor Aduba for allegedly kidnapping the Managing Director of Maydon Pharmaceuticals Limited, Donatus Dunu February 14, 2017.

    Evans is also facing similar charges before Justice Oluwatoyin Taiwo and Justice Adedayo Akintoye of the same court.

    All the defendants pleaded not guilty to the charges.

    While arguing his final written address, Evans’ lawyer, Victor Opara, urged the court to discharge and acquit his client of the crimes.

    Opara argued that there was no direct evidence linking Evans to the alleged crimes and that the alleged victim of the crime did not identify the defendant as the perpetrator of the crimes.

    “The victim said he was blindfolded throughout his 88-day ordeal, he did not state to the court in his testimony that he could physically identify Evans,” he said. “There is also the fatality of the prosecution’s case that there was no identification parade to identify the first defendant (Evans).

    “There was no evidence before your lordship to show that PW2 (Dunu) had a clear opportunity of identifying the first defendant.”

    But the prosecutor, Adebayo Haroun, urged the court to convict the defendants as charged, saying “when a man has confessed to a crime, you do not need an identification parade”.

    “There is direct evidence of PW2 (Dunu) testifying of how he was kidnapped, how he escaped, and the roles each of the defendants played,” he submitted.

    “We have circumstantial evidence linking the first defendant (Evans) to the crime, and we also have confessional statements and video recordings of him. We urge your lordship to convict the defendants as charged.”

    The prosecution had alleged that Dunu was kidnapped on Ilupeju Road in Lagos State and the defendants collected 223,000 euros as ransom from his family.

    It closed its case against the defendants on January 10, 2020, after presenting four witnesses, including Dunu.

    The defence, on the other hand, closed its case on August 3, 2020, after the six defendants testified.

  • JUST IN: Accomplice of billionaire kidnapper, Evans dies in prison from HIV complications

    JUST IN: Accomplice of billionaire kidnapper, Evans dies in prison from HIV complications

    Chiemeka Arinze, an accomplice of suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike aka Evans, has died in prison custody.

    Arinze is standing trial alongside Evans, Joseph Emeka, and Udeme Upong, over the attempted kidnap of the Chairman of the Young Shall Grow Motors, Chief Vincent Obianodo, before Justice Oluwatoyin Taiwo of an Ikeja Special Offences Court.

    They are facing seven-count charge of murder, attempted murder, conspiracy to commit kidnapping, attempt to kidnap and sale and transfer of firearms.

    The suspects were to appear before the court on Monday for continuation of trial.

    Sources at Kirikiri Correctional Centre said Arinze died on Friday, November 26, 2021 as a result of Cardiopulmonary arrest.

    According to them, Arinze, who has been sick for some time, was rushed from the Kirikiri custodial Centre to a General Hospital on Friday where he later died.

    The medical records from Ajeromi General Hospital, Ajegunle signed by Dr. Salisu B. E. indicated that the deceased,45, was suffering from complicated “Advanced HIV.”

  • Suspected kidnapper, Evans loses N200m suit against police in Appeal Court

    Suspected kidnapper, Evans loses N200m suit against police in Appeal Court

    The Court of Appeal, Lagos Division has dismissed an appeal filed by suspected kidnapper Chukwudumeme Onwuamadike, popularly known as Evans, challenging the seizure of his 25 trucks by the Nigerian Police.

    Three justices of the court dismissed Evans’ appeal for lacking in merit when the matter came up on Thursday.

    Justice Joseph Ikyegh read the lead judgment which was supported by other members of the panel – Justice Abubakar Umar and Justice Onyekachi Otisi.

    He held that the search warrant issued and executed in line with Section 144 of the Administration of Criminal Justice Act of Nigeria, 2015 empowered the police to recover the trucks.

    The judge also held that Section 153 of the Administration of Criminal Justice of Nigeria 2015, permits the police to retain proceeds of crime until the case is disposed of.

    He stated that these sections were in line with section 44(1)(k) of the Constitution of Nigeria, 1999 (as amended), which permits the temporary seizure of property for the purpose of investigation or for restitution.

    Justice Ikyegh also held that since the trial was still pending, the word ‘confiscate’ as used by Evans’ counsel was not appropriate in this circumstance.

    Consequently, he upheld the decision of Justice Hadiza Rabiu-Shagari of Federal High Court and dismissed Evans’ appeal for lacking in merit.

    At the Federal High Court, Evans had accused the Inspector-General of Police and four others of unlawfully seizing his 25 trucks and converting same to their own.

    The other four 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 said trucks were seized from him without a court order, as the police forcefully confiscated the trucks from him since June 15, 2017.

    He asked the court to award 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.

    But the police, through their counsel, Emmanuel Eze, asked the court to dismiss the suit as the trucks were proceeds of crime and exhibits.

    In a counter-affidavit put before the court, Inspector Haruna Idowu, said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.

    He added that the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.

    “The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states of Nigeria with his various gang members,” the policeman told the court.

    “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 able to tow the remaining one from Anambra State to Lagos due to the fact that 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.”

    In a judgement delivered on April 19, 2019, Justice Rabiu-Shagari of the Federal High court dismissed Evans’ suit for lacking in merit.

    Dissatisfied with the judgment, Evans through his lawyer, Ogungbeje, approached the appeal court.

    But the police through its counsel, Mr Eze Esq, also filed a counter to the appeal and urged the court to dismiss the appeal.