Evans Drags Police To Court, Seeks Unconditional Release From Custody
Suspected Kidnapper, Chukwudumeme Onwuamadike popularly known as Evans has dragged police authorities before the Federal High Court in Lagos seeking an order to compel the police to either charge him to court immediately or unconditionally release him from custody.
Evans, in a Fundamental Rights Enforcement Suit filed Wednesday stated that he has been detained by the police since the 10th of June and subjected to media trial and parade without any court order.
He listed the inspector General of Police, the Nigerian Police Force, the Commissioner of Police, Lagos and the Special Anti-Robbery Squad, Lagos Command as the respondents in the suit.
The Applicant says there has been grave constitutional infraction perpetrated by the respondents against him as he ought to have been charged or arraign before the court in accordance with Section 35 and 36 of the Constitution of the Federal Republic of Nigeria.
The applicant also says that he has the rights under Section 46 of the 1999 Constitution to approach the court for redress for the breach of his fundamental rights.
He also contended that the police as a creation of the law must act within the limit of the law and that they do not have the right to violate his rights under any guise.
Also in a 27 paragraph affidavit attached to the application and personally deposed to by the applicant’s father, Stephen Onwuamadike, the father claims that he and other family members have been denied access to the applicant who is still in the custody of the respondents.
He also claims that his solicitor has been denied access to the applicant, insisting that the parade of the applicant before newsmen has continued to generate reactions without the applicant being afforded fair hearing and trial before a court of law.
Stephen Onwuamadike also alleged that the police had continued to subject his son to media trial without fair hearing and fail trial before a court of competent jurisdiction.
He also claimed that if Evans is not released, he will further continue to be detained and dehumanized without being charged to court
The Fundamental Rights Enforcement is yet to be assigned to a judge and no date has been fixed for its hearing.