Suspected kidnap kingpin, Chukwudumeme Onwuamadike, popularly known as Evans, has instituted a legal action against the Inspector-General of Police, IGP, Ibrahim Idris, over his continued detention, seeking an enforcement of his fundamental human right.
Evans, who seeks to compel the IGP to either charge him to court or release him from custody, also joined the Lagos State Commissioner of Police, CP, Mr. Fatai Owoseni; the Special Anti-Robbery Squad, Lagos Command and the Nigeria Police Force, NPF, in the suit.
In a motion ex-parte filed before the Federal High Court, Lagos, on Wednesday by his lawyer, Olukoya Ogungbeje, Evans claimed that he has been detained by the police since June 10, 2017, and subjected to media trial and parade without any court order.
He stated that there has been grave constitutional infraction perpetrated by the respondents against him, as he ought to have been charged or arraigned before a court, in accordance with sections 35 and 36 of the Constitution of the Federal Republic of Nigeria.
The suspected notorious kidnapper also posited that he has the right, under Section 46 of the 1999 Constitution, to approach the court for redress for the breach of his fundamental rights.
In the suit marked, FHC/L/CS/1012/2017, Evans is contending that his continued detention by the respondents since June 10, 2017, without being charged to court or released on bail is an infringement on his fundamental human rights.
The suspected kidnapper is seeking for a court’s order directing 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 Constitution.
In the alternative, he is seeking an order that would compel the respondents to immediately release him unconditionally in the absence of any offence that will warrant his being charged to court.
It was further argued that the offence allegedly committed by the applicant (Evans) are correspondingly intertwined with the constitutional safeguards as provided under Sections 35 and 36 of the Constitution.
However, Evan’s father identified as Stephen Onuamadike was present at the premises of a Federal High Court in Lagos to personally depose a 27-paragraph affidavit to the suit against the IGP calling for the release of his son.
He claimed that his family has been denied access to their son, who has since been in police detention, alleging that the media trial of Evans and parade by the police have continued to generate reactions without giving him the opportunity of a fair trial in a law court.
Evans’ father 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 and trial before a court of law.
The deponent also averred that since his son’s arrest, all his family members have been denied access to him while media practitioners have been granted unfettered access to him.
Meanwhile, the matter has not been assigned to any judge, even as no date has been fixed for the hearing.
There was a recalls that Evans was arrested on June 10, 2017 at one of his mansions in Magodo, Lagos. Before his arrest, he was on the wanted list of the police for years over alleged kidnappings.