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G-ELITES.XTGEM |
Joined as respondents in the motion he filed
by his lawyers are the Nigeria Police Force,
Commissioner of Police, Lagos State and the
Special Anti-Robbery Squad, Lagos State
Police Command.
In a fundamental rights enforcement suit filed
on his behalf by a Lagos-based lawyer,
Olukoya Ogungbeje, the suspected kidnapper is
praying for the order of court to direct the
respondents to immediately charge him to
court if there is any case against him in
accordance with Sections 35 (1) (c) (3) (4) (5)
(a) (b) and 36 of the 1999 Constitution of the
Federal Republic of Nigeria.
In the alternative, he prayed the court for an
order compelling the respondents to
immediately release him unconditionally in the
absence of any offence that will warrant his
being charged to court.
In the new suit filed on Thursday, Evans is
claiming N300 million as general and
exemplary damages against the police for
alleged illegal detention and unconstitutional
media trial.
Joined as respondents in his new originating
motion are the Nigeria Police Force, the
Commissioner of Police Lagos State and the
Special Anti-Robbery Squad, Lagos State
Police Command.
Evans had on June 28 filed an ex parte
application with reference number FHC/L/
CS/1012/2017, before the same court, seeking
an order directing the respondents to charge
him to court.
He had also in the alternative, sought an order
directing the respondents to release him
unconditionally where no charge is preferred
against him.
In an affidavit deposed to by his father, Mr
Stephen Onwuamadike, it was averred that the
applicant has been subjected to media trial
without any court order by the respondents.
Onwuamadike further averred that the media
trial and news orchestrated by the
respondents have continued to generate
reactions in both print and electronic media
without his son being afforded fair hearing
before a court of law.
Evans contended that his continued detention
by the respondents since June 10, without a
charge, or release on bail , is an infringement
on his fundamental rights.
In his new suit also marked FHC/L/CS/1012/
2017 and with the same persons as
respondents, the applicant is seeking a
declaration that his continued detention since
June 10 without arraignment, violates his
fundamental rights as guaranteed under the
1999 Constitution.
He is also seeking a declaration that his
parade on June 11 before journalists in Lagos,
at the Lagos Police Command Headquarters in
Ikeja, without any court order, is
unconstitutional and illegal .
He is consequently, seeking an order,
compelling the respondents to immediately
arraign him before a law court, or release him
from custody forthwith.
‘Evans’’ is also seeking an order, compelling
the respondents to jointly and severally, pay
him the sum of N300 million as exemplary
damages for illegal detention and alleged harm
caused by the alleged media trial.
The suspect is also seeking an order of
perpetual injunction, restraining the
respondents from further arresting, detaining,
harassing, investigating or inviting him in
relation to the facts of his case.
He is also seeking further orders as the court
may deem fit, to make in the circumstances.
No date has been fixed for hearing in his latest
suit.
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Current Year
2017
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