The Federal high court sitting in Lagos has struck out a fundamental rights enforcement suit filed by alleged kidnapper, Chukwudumeme Onwamadike, popularly known as Evans.
Justice Mojisola Olatoregun said that high court lacked the jurisdiction to entertain the case and said the court with the jurisdiction to hear the case was the Lagos State High Court, where Evans was was already facing charges of kidnapping.
“This court must be careful not to interfere with due process of the ongoing trial of the applicant before the Lagos State High Court,” she said.
“This court lacks the jurisdiction to entertain this case; same is hereby struck out,” she held.
On the file about the seizure of his properties, she said that while he has the right to property, such right can be denied him for the due process of the law and that he failed to show that the properties were forcefully seized.
“The only conclusion I can draw is that the property was taken consequent upon his trial for kidnapping before the Lagos State High Court,’ the judge said.
Evans had filed the suit and joined respondents, the Inspector-General of Police (IGP), the Nigeria Police and the IGP’s Intelligence Response Team and asked the court to declare the seizure of his property by the respondents without court order as unconstitutional.
Evans said the properties include N1bn, two residential houses located at Magodo in Lagos State, a Brigade wristwatch worth $20,000, necklaces worth $25,000, and five pieces of diamond rings. Other properties listed are one Lexus 470, a Grand Cherokee, a Toyota Highlander, 85 Samsung television sets, 45KVA generator, 22KVA generator, 20KVA inverter worth N10 million and five sets of freezers.