October 24, 2017
Chukwudumeme Onwuamadike
The Federal High Court in Lagos on Monday entered judgment against the Nigeria Police Force in the fundamental rights enforcement suit filed by one Mr. Okwuchukwu Obiechina said to be the brother-in-law of alleged kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.
Justice Mohammed Idris, in a judgment on Monday, declared Obiechina’s arrest and detention as unconstitutional, holding that the remand order which the police claimed to have obtained from a magistrates’ court to detain him was invalid.
Apart from ordering the police to immediately release Obiechina unconditionally or charge him to court if they have any case against him, the court also awarded N2m damages in his favour against the police.
Justice Idris ordered the police to tender a public apology to Obiechiana to be published in two national dailies.
Obiechina’s lawyer, Mr. Olukoya Ogungbeje, had told the judge that his client had been detained by the police since June 2 in connection with the kidnapping case of his brother-in-law, Evans.
The lawyer contended that Obiechina’s detention without being charged to court was unconstitutional and urged the judge to order his immediate release and to award damages against the police.
But opposing Ogungbeje, counsel for the police, Mr. Emmanuel Eze, had urged the court to dismiss the suit for lacking in merit, saying Obiechina was detained by the police on the order of a magistrates’ court.
Eze told Justice Idris that Obiechina and his wife were arrested by the police on the reasonable suspicion that they engaged in kidnapping and murder.
He further alleged that Obiechina made an attempt to truncate Evans’ trial by demobilising about nine trucks that were recovered from him.
He urged the court to dismiss the suit with substantial cost against Obiechina.
But in his judgment on Monday, Justice Idris rejected Eze’s arguments.
The suit, marked FHC/L/CS/1050/20177, had Obiechina and his wife, Nzube, who is Evans’ sister, as plaintiffs.
The defendants were the Lagos State Commissioner of Police; the Nigeria Police Force; and the Special Anti-Robbery Squad, Lagos State Police Command.
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