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Evans Loses N200m Suit Against Police In Appeal Court
The Court of Appeal, Lagos Division has dismissed an appeal filed by suspected kidnapper Chukwudumeme Onwuamadike, popularly known as Evans, challenging the seizure of his 25 trucks by the Nigerian Police.
Three justices of the court dismissed Evans’ appeal for lacking in merit when the matter came up on Thursday.
Justice Joseph Ikyegh read the lead judgment which was supported by other members of the panel – Justice Abubakar Umar and Justice Onyekachi Otisi.
He held that the search warrant issued and executed in line with Section 144 of the Administration of Criminal Justice Act of Nigeria, 2015 empowered the police to recover the trucks.
The judge also held that Section 153 of the Administration of Criminal Justice of Nigeria 2015, permits the police to retain proceeds of crime until the case is disposed of.
He stated that these sections were in line with section 44(1)(k) of the Constitution of Nigeria, 1999 (as amended), which permits the temporary seizure of property for the purpose of investigation or for restitution.
Justice Ikyegh also held that since the trial was still pending, the word ‘confiscate’ as used by Evans’ counsel was not appropriate in this circumstance.
Consequently, he upheld the decision of Justice Hadiza Rabiu-Shagari of Federal High Court and dismissed Evans’ appeal for lacking in merit.
At the Federal High Court, Evans had accused the Inspector-General of Police and four others of unlawfully seizing his 25 trucks and converting same to their own.
The other four respondents are the Nigeria Police Force (NPF), Inspector-General of Police Response Team (IRT), Lagos State Commissioner of Police, and Special Anti-Robbery Squad (SARS).
Through his counsel, Olukoya Ogungbeje, Evans alleged that the said trucks were seized from him without a court order, as the police forcefully confiscated the trucks from him since June 15, 2017.
He asked the court to award N200 million as general and exemplary damages against the police for the alleged violation of his rights under Sections 36, 43, and 44 of the 1999 Constitution.
But the police, through their counsel, Emmanuel Eze, asked the court to dismiss the suit as the trucks were proceeds of crime and exhibits.
In a counter-affidavit put before the court, Inspector Haruna Idowu, said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.
He added that the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.
“The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states of Nigeria with his various gang members,” the policeman told the court.
“The applicant has no other source of livelihood except armed robbery and kidnapping, as so many arms and ammunition were recovered from the applicant during his arrest. The applicant had purchased various properties with proceeds of armed robbery and kidnapping.
“He purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.”
In a judgement delivered on April 19, 2019, Justice Rabiu-Shagari of the Federal High court dismissed Evans’ suit for lacking in merit.
Dissatisfied with the judgment, Evans through his lawyer, Ogungbeje, approached the appeal court.
But the police through its counsel, Mr Eze Esq, also filed a counter to the appeal and urged the court to dismiss the appeal.
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Jonathan can’t be blamed entirely for Boko Haram’s activities – Buhari’s ex-aide, Bashir Ahmad
Former media aide to the late ex-President Muhammadu Buhari, Bashir Ahmad, on Saturday said former President Goodluck Jonathan should not be blamed entirely for Boko Haram’s activities while he was in office.
Ahmad said securing Nigeria requires the active participation of the government and community.
Posting on X, the former presidential aide said leaders, communities, traditional institutions, and religious leaders have a role to play in securing Nigeria.
He wrote: “Even at the height of the Boko Haram insurgency, I did not place the blame entirely on the administration of President Goodluck Jonathan because I have long believed that the responsibility of securing our communities does not rest on the shoulders of government alone.
“Security is a shared responsibility that requires the active participation and commitment of every citizen.
“Governments provide leadership and resources, but communities, traditional institutions, religious leaders and individuals all have vital roles to play.”
Ahmad urged Nigerians to provide credible intelligence to security agencies and refuse criminals a safe haven.
“We must support our security agencies with credible information and refuse to provide safe havens for criminals.
“Only through a united effort and a shared sense of responsibility, can we restore lasting peace and ensure a safer future for our communities and our nation,” he added.
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ICPC: It’s risky, we’ll hold you if anything happens to El-Rufai – Atiku’s aide warns Tinubu
Senior Political Assistant to the African Democratic Congress, ADC, presidential candidate, Atiku Abubakar, Demola Olarenwaju, on Saturday warned that denying former Kaduna State Governor, Nasir El-Rufai, access to medical attention in detention is a risk President Bola Tinubu’s administration cannot afford to take.
Olarenwaju warned that if anything happens to El-Rufai, Tinubu’s administration would be held responsible.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) reportedly denied El-Rufai access to medical attention while in its custody.
An aide to the former Kaduna State governor, Muyiwa Adekeye, had claimed that his principal is suffering from swollen, reddish and itchy eyes while in the custody of the ICPC and requires urgent medical attention, which was allegedly denied.
El-Rufai was arrested at the Abuja International Airport earlier in the year and charged in court with abuse of office and money laundering allegedly committed while serving as governor.
However, Olarenwaju posted on X: “Denying El-Rufai access to medical care is a risk the Bola Tinubu regime cannot afford.
“And we must say it clearly yet again that if anything happens to the man, it will be on the government that has detained him illegally. Politics taken to this extent is extremely dangerous.”
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‘We won’t bow to terror’ – Sanwo-Olu rallies Nigerians behind Tinubu
Lagos State Governor, Babajide Sanwo-Olu, and former Zamfara State governor, Abdulaziz Yari, have called on Nigerians to unite against terrorism, banditry and other forms of violent crimes.
They warned that criminal groups must not be allowed to divide the country or weaken public confidence in the nation’s future.
Sanwo-Olu and Yari made the appeal in separate statements on Saturday.
The calls came against the backdrop of the recent abduction of teachers and students in Oriire Local Government Area of Oyo State, as well as renewed attacks by terrorists and bandits in parts of the North.
While Sanwo-Olu urged Nigerians to rally behind President Bola Tinubu and the nation’s security agencies in confronting the insecurity challenges, Yari stressed that the fight against the menace required collective national action beyond government efforts alone.
In a statement obtained by Sunday PUNCH, Sanwo-Olu said Nigerians must not allow fear, political differences or ethnic divisions to undermine the country’s collective resolve against criminal elements.
According to him, the recent incidents of violence should serve as a reminder of the need for national unity rather than political recriminations.
“Recent security incidents in parts of our country have understandably generated concerns among citizens.
“But moments like this in our national life require that we remind ourselves of our national character as a people. We are Nigerians. Our will is strong and our spirit is unbreakable,” the governor stated.
He described every loss of life resulting from violence as a national tragedy and urged Nigerians to remember victims of insecurity in their prayers.
The governor warned against attempts to politicise insecurity, noting that terrorists, kidnappers and other criminal groups do not discriminate based on ethnicity, religion or political affiliation.
“Every life lost is a tragedy. Every community threatened by violence deserves our solidarity, support and protection. We must be united in our prayers for the teachers and students abducted from Oriire Local Government in Oyo State.
“The forces of evil confronting our nation do not ask for our political affiliation before they kill, maim and destroy. So must our resolve and support for our nation be devoid of political leanings and divisive rhetoric,” he said.
Sanwo-Olu maintained that despite the challenges confronting the country, Nigeria possesses the capacity to overcome insecurity through resilience, unity and sustained support for security institutions.
“The security challenge confronting our nation today is not insurmountable. The forces seeking to spread fear and instability do not represent the character of our people or the future of our country. Their actions are designed to weaken our resolve and diminish our confidence. We must deny them that victory,” he said.
The Lagos governor also paid tribute to members of the armed forces and other security personnel engaged in counterterrorism and anti-banditry operations across the country.
“Every day, brave men and women put themselves in harm’s way to defend our nation and preserve our freedoms. They deserve our prayers and our support as they take on these forces of evil.
“Lasting solutions are rarely achieved overnight, but progress is possible when a nation stands firmly behind those charged with protecting it,” he noted.
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He called on citizens to support security agencies through vigilance and intelligence sharing, stressing that the battle against insecurity could not be won by government alone.
The governor further expressed confidence in President Tinubu’s leadership and the ability of the military, intelligence agencies and other security institutions to confront the country’s security threats.
“As citizens, we all have a stake in the security and stability of our country. Government alone cannot win this battle without the support, cooperation, vigilance and active intelligence sharing by local communities.
“I wish to reiterate my confidence in the leadership of President Tinubu and in the ability of our security and intelligence services to defeat the forces of evil unleashing terror attacks on soft targets within the civilian population,” he said
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