The arrested alleged notorious kidnapper known as Chukwudumeme Onwuamadike a.k.a. Evans, the alleged suspected billionaire kidnapper, has sued the Inspector General of Police, Ibrahim Idris and three others before the Federal High Court in Ikoyi, Lagos over alleged illegal detention without filing a charge against him.
The 1999 Constitution of Nigeria makes provision that every accused persons shall be charged to court within 24 hours of arrest.
The suit boarders on enforcement of fundamental human rights which he the alleged notorious kidnapper is entitled to as provided for by the constitution of Nigeria.
The motion paper which EVANS filed in the court joined as respondents in the motion he filed by his lawyers are the Nigeria Police Force, Commissioner of Police, Lagos State and the Special Anti-Robbery Squad, Lagos State Police Command.
In a fundamental rights enforcement suit filed on his behalf by a Lagos-based lawyer, Olukoya Ogungbeje, the suspected kidnapper is praying for the order of court to direct the respondents to immediately charge him to court if there is any case against him in accordance with Sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the 1999 Constitution of the Federal Republic of Nigeria.
35. (1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law –
(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;
(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.
(4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of –
(5) In subsection (4) of this section, the expression “a reasonable time” means –
(a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and
(b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.
36. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.
In the alternative, he prayed the court for an order compelling the respondents to immediately release him unconditionally in the absence of any offence that will warrant his being charged to court.