Evans’ Detention And The Limit Of Police Legality

Evans’ Detention And The Limit Of Police Legality

Since his arrest on June 7, 2017 in one of his mansions, located in the Magodo Estate, Lagos, Nigeria News gathered that the notorious suspected kidnapper, Chukwudidumeme Onwuamadike (a.k.a. Evans), has generated scoops for the media.

He had lost the case in the court of the media with various evidences and confession that he actually abducted, robbed and killed people to enrich himself and his family.

The police operatives that arrested him went to the extent of taking pictures with him and circulated it on social media to tell the world how joyous they were to have arrested the most evasive kidnapper in the country.

As a matter of fact, Evans is condemned to death by an average Nigerian and prosecuting him would mean a mere waste of time.

The media went to the extent of reporting the agony of some of Evans’ victims, making his case worse in the media court as more Nigerians call for the suspect’s head.

Despite Evans’ wife, Uchenna’s strategy to garner sympathy of members of the public, the suspect had continued to lose the chance of gaining freedom.

But on Wednesday, the suspect dazed the public when he sued the Inspector General of Police, Ibrahim Idris and two other police operatives for unlawful detention and infringement on his fundamental human right.
He filed a suit before a Federal High Court Lagos, directing the Police IG and the police to arraign him in court or release him if the respondents had not found anything against him.

On Thursday, the suspect went further to institute a fresh file against the respondents, claiming N300 million as general and exemplary damages against the police for alleged illegal detention and unconstitutional media trial.

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.

While Evans new moves had continued to generate public debate on whether he has the right despite all his confessional statements to challenge the legality of the police over his detention, the suspect’s father, Mr Stephen Onwuamadike came up with a bombshell.

His father presented an affidavit, condemning the detention of Evans by the police and putting him through media trial without approaching a court of competent jurisdiction to try his son for the alleged crime.

Evans had argued through his lawyer, Olukoya Ogungbeje in a fresh suit, marked FHC/L/CS/1012/ 2017 that his continued detention since June 10 violated his fundamental human right as he sought N300 million damages from the respondents.

He also wanted the court to declare as illegal his parade before journalists at the Lagos State Police Command premises Ikeja on June 11.

However, the debate about his right to sue the police and the limit of the police legality to detain him has been going viral on social media as some lawyers who spoke to our correspondent also condemned the approach of the police in the Evans case.

A Nollywood star, Kate Henshaw had earlier condemned the photograph the detectives took with the suspects but she was criticized for her views.

The leader of the police detectives, Abba Kyari had to engage the public on social media why the police officers had to take photograph with the suspect.

He told the public that they did so because the arrest of the suspect was a breakthrough and that they had to keep the pictures as a remembrance for such brave performance.

Commenting, a police officer and lawyer, DSP Olakanmi Omisope said that the prosecution would have to prove in the court that the suspect actually committed the crime gong by the country’s judicial system.

He said, “We don’t operate a jury system here. The prosecution must prove the allegations and back them up with evidence. Presumption of innocence is strictly adhered to.”

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