The suspected billionaire kidnapper also seeks an order compelling the respondents to tender an apology to him and pay him the sum of N200 million, as general and exemplary damages for the threat to his life and rights, harassment, inconvinence, and forceful seizure and confiscation of his 25 Mack trucks.
He also wants, ”An order of perpetual injunction, restraining the respondents, its officers, officials, agents, servants or privies or anybody deriving power from them , from further harassing, intimidating, arresting, detaining, threatening, inviting, forceful seizure and confiscating of his trucks and other properties, charging, seizing or taking any untoward action against him.”
However, the IGP alongside other respondents through their counsel, Emmanuel Eze, prayed the court to dismiss Evans’ suit with punitive cost.
In urging the court to dismiss the suspected billionaire kidnapper’s case, lawyer to the respondents told the court that all the declarations sought by the applicant, except on the alleged seized and confiscated 25 Mack trucks and order of payment of N200 million, had been decided by Justice Abdulazeez Anka, on January 16, 2018, in a fundamental rights suit filed by Evans.
The police lawyer said, “My Lord, the applicant in his counter to our preliminary objection, raised issues that the extant action is distinguishable from the one judgment has been delivered by Justice Anka.
“The only different are reliefs one and three, reliefs two, four, and five still talked about some action pending before Anka J, which judgment had been delivered.”
Lawyer to the police also told the court that the applicant (Evans) lied to the court that he had 25 Mack trucks, whereas the police only recovered 11 trucks, 10 in Lagos, and one in Anambra State, adding that the trucks were purchased by the applicant with criminal proceeds.
The lawyer also told the court that the applicant (Evans) in his confessional statement stated that the trucks were 11 and purchased with proceeds of ransom collected from his victims.
Part of his confessional statement which was read in court states: “The money i used to buy the trucks are proceeds and ransom collected from kidnapping and the victims of the kidnap.
“I also built a house in Ghana, I have 11 trucks in my company, some are working, some are not working.”
Emmanuel also told the court that by virtue of Section 143 of the Administration of Criminal Act (ACJA), security agents are empowered to confiscate proceeds of crime, and that it was on such basis that the applicant’s 11 trucks were legally seized, and that there was no time the respondents converted the trucks to their own.
Emmanuel urged the court to dismiss Evans’ suit for being abuse of court process, and also to award punitive cost against him.
Judgment has been reserved until April 19, 2018.