The Federal High Court in Lagos on Monday dismissed a suit by suspected millionaire kidnapper, Chukwudumeme Onwuamadike (alias Evans), seeking the release of his seized 25 Mack trucks.
Through his lawyer Olukoya Ogungbeje, Evans said the trucks were seized without a court order.
Justice Rabiu Hadiza Shagari held that the suit lacked merit.
Ogungbeje had argued that the police forcefully confiscated the trucks from Evans last June 15 without any court order.
He prayed the court to award N200million as general and exemplary damages against the Police for the alleged violation of Evansโ rights under sections 36, 43, and 44 of the 1999 Constitution.
But, the Police urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.
In a counter-affidavit, the deponent Inspector Haruna Idowu said he was on the team that investigated Evansโ case.
He said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.
He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.
โThe 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.
โThe applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition was recovered from the applicant during his arrest.
โThe applicant had purchased various properties with proceeds of armed robbery and kidnapping.
โThe applicant purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicantโs 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.
โThe trucks recovered are proceeds of crime which are preserved and kept as exhibits to be tendered in the ongoing criminal prosecution of the application at the High Court of Lagos State,โ Idowu said.
Justice Shagari held that the law empowers the Police to seize assets in the course of their investigation in such cases.
According to her, by the provisions of the 1999 Constitution and the Administration of Criminal Justice Act (ACJA) 2015, the Police have the right to seize and confiscate any items or properties as exhibits in a criminal case.
The judge said the court could not stop the Police or other security agencies from carrying out their constitutional duties.
