The Court of Appeal, Lagos Division, has dismissed an attraction by alleged kidnap kingpin, Chukwudumeme Onwuamadike, aka Evans, difficult the seizure of his 25 vehicles by the police.
A 3-man panel of the courtroom, in a unanimous choice, upheld the judgment of Justice Hadizat Rabiu-Shagari of the Federal High Court on the matter.
The panel held that the attraction lacked benefit and dismissed the identical.
The justices upheld the police’s competition that the vehicles had been seized as suspected proceeds of crime within the execution of a sound search warrant.
Justice Joseph Ikyegh, within the lead judgment, held the warrant was issued and executed in step with part 144 of the Administration of Criminal Justice Act of Nigeria, 2015 empowering the police to get better the vehicles.
He famous that part 153 of the Administration of Criminal Justice Act of Nigeria 2015, permits the police to retain proceeds of crime till the case is disposed of.
The decide additionally held that the Sections had been in step with part 44(1)(ok) of the 1999 Constitution which allows the momentary seizure of property for Investigation or restitution.
Justice Ikyegh additionally held that because the trial is pending, the phrase ‘Confiscate’ as utilized by Evans’ Counsel was not applicable within the circumstance.
He upheld the choice of Justice Rabiu-Shagari of Federal High Court and dismissed Evans’ attraction for missing in benefit.
Other members of the panel, Justice Abubakar Sadiq Umar and Justice Onyekachi Aja Otisi, agreed with the lead judgment.
Evans had alleged that the police forcibly seized the vehicles from him with out courtroom order on June 15, 2017.
Evan had requested the courtroom to award N200million as normal and exemplary damages towards the police for the alleged violation of Evans’ rights beneath sections 36, 43, and 44 of the 1999 Constitution.
But the police, via its counsel, Emmanuel Eze, connected to the State CID, Panti, Yaba, Lagos, had urged the courtroom to dismiss the go well with because the vehicles had been proceeds of crime and had been reveals.
The police in a counter-affidavit deposed to, by Inspector Haruna Idowu, mentioned the suspect acquired the 11 vehicles with proceeds of crime, including that 10 of them had been recovered by the police.