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Appeal Court Dismisses Evans’ Fundamental Right Enforcement Suit



An appeal filed by suspected billionaire kidnapper, Chukwudumeme Onwuamadike aka Evans, against the ruling of a Federal High Court, in Lagos which dismissed his Fundamental Right Enforcement suit for lack of merit, has been trashed by the Court of Appeal, Lagos Division.

Justice A.U. Ogakwu, while dismissing Evans’ appeal, said: “The appeal lacks merit and is, hereby, dismissed with no order of cost.”

Evans had approached a Federal High Court, sitting in Lagos, to challenge his arrest and detention beyond the time allowed by law, his continued detention without trial or being arraigned before a court of law within the time allowed by law and his subjection to media trial by the Police.

The police, represented by Mr. Emmanuel Eze, a Police Inspector from State Intelligence and Criminal Investigation Department, SICID, Panti, Lagos, filed and argued the respondent’s counter affidavit and written address, while Mr. Olukoya Ogungbeje argued the plaintiff’s motion.

Delivering judgment on Evans’ Fundamental Right Enforcement application at the lower court, the trial judge, Justice Abdulazeez Anka, had on January 16, 2018, dismissed the Fundamental Right Enforcement suit on the grounds that the suit lacked merit.

Dissatisfied, with the ruling of Justice Anka, Evans, the appellant filed a notice of appeal before the Court of Appeal by virtue of a Notice of Appeal dated January 29, 2018 and filed at the court on the same date.

The parties, in the suit, argued and adopted motion on October 25, 2018.

Delivering judgment in an abridged judgment, yesterday, Justice A. U. Ogakwu, who read the lead judgment said: “The appeal lacks merit and is hereby dismissed with no order as to cost.”

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