Justice Ikyegh also held that since the trial is pending, the word ‘Confiscate’ as used by Evans’ Counsel was not appropriate in the circumstance.
The Court of Appeal, Lagos Division, has dismissed an appeal by alleged kidnap kingpin, Chukwudumeme Onwuamadike, aka Evans, challenging the seizure of his 25 trucks by the police.
A three-man panel of the court, in a unanimous decision, upheld the judgment of Justice Hadizat Rabiu-Shagari of the Federal High Court on the matter.
The panel held that the appeal lacked merit and dismissed the same.
The justices upheld the police’s contention that the trucks were seized as suspected proceeds of crime in the execution of a valid search warrant.
Justice Joseph Ikyegh, in the lead judgment, held the warrant was issued and executed in line with section 144 of the Administration of Criminal Justice Act of Nigeria, 2015 empowering the police to recover the trucks.
He noted that section 153 of the Administration of Criminal Justice Act of Nigeria 2015, permits the police to retain proceeds of crime until the case is disposed of.
The judge also held that the Sections were in line with section 44(1)(k) of the 1999 Constitution which permits the temporary seizure of property for Investigation or restitution.
Justice Ikyegh also held that since the trial is pending, the word ‘Confiscate’ as used by Evans’ Counsel was not appropriate in the circumstance.
He upheld the decision of Justice Rabiu-Shagari of Federal High Court and dismissed Evans’ appeal for lacking in merit.
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 trucks from him without court order on June 15, 2017.
Evan had asked the court to award N200million as general and exemplary damages against the police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.
But the police, through its counsel, Emmanuel Eze, attached to the State CID, Panti, Yaba, Lagos, had urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.
The police in a counter-affidavit deposed to, by Inspector Haruna Idowu, said the suspect acquired the 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.