A Lagos Division of the Lagos
State High Court has fixed June 26 to rule on an application brought by alleged
billionaire kidnapper, Chukwudumeme Onwuamadike (popularly known as Evans), to
quash the criminal charges brought against him.
A. Akintoye, the judge, fixed the
date after overruling an earlier application by Evans that the charges
constituted an abuse of court processes.
According to Olukoya Ogungbeje,
counsel to Evans, similar charges had been instituted against his client in
other courts by the Lagos State Government. He said the charges were grossly
defective, repetitive and an abuse of court processes.
Relying on Section 153 of the
Administration of Criminal Justice Law ( ACJL ) of Lagos State, Mr Ogungbeje
added that nothing stopped the prosecution from bringing the charges under one
judge pointing out that counts three, four and five of the charges were repetitions
of same offence.
“Apart from the counts being of
same offence, same section of the law is being provided in these counts,” he
said.
“I submit that the prosecution
misfired by bringing different charges and instituting the same case in
different courts.
“I urge your lordship to quash
the charge because it is defective and an abuse of court process,”
In response, the prosecuting
counsel, Titilayo Shitta-Bey, said the general rule is that every offence must
be in a separate count.
“It will be against the
provisions of the law to lump the two offences in one count,” she added.
She said the first defendant,
Evans, was charged with attempt to murder one James Uduji in count three, while
in count four, he was charged with attempt to murder Donald Nwoye.
She also said that other charges
filed against the first defendant in other courts involved other defendants and
different charges. She, therefore, urged the court to dismiss the application.
Counsel to the second defendant
urged the court to dismiss the charges against Linus Okpara, his client,
stating that no prima facie had been established against him.
Jude Igbanoi, counsel to the
third defendant, said, “I will align myself with the arguments made by the
first defendant.”
“I urge this honourable court to
quash the charge, there is nothing in the proof of evidence linking the third
defendant to the charge”
In response however, Ms
Shitta-Bey said the proof of evidence disclosed a prima facie case against Mr
Okpara.
She said the proof of evidence
disclosed where the third defendant admitted collecting N2 million for the
first defendant in relation to one of the victims, Uche Okoroafor. She,
therefore, urging the court to dismiss the argument of the third defendant.
The case was adjourned to June 26
for ruling by the judge.
Evans is charged alongside Joseph
Emeka, Ugochukwu Nwachukwu and Victor Aduba in a fresh two count charge
bordering on conspiracy to kidnap, kidnapping and attempted murder
In the second charge, Evans is
being tried alongside Joseph Emeka, Linus Okpara and Victor Aduba in a three
count charge before the same judge
Evans is also facing trial before
Hakeem Oshodi and Oluwatoyin Taiwo, judges at the Ikeja Division of the Lagos
State High Court.
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