- The case involving billionaire kidnapper, Chukwudumeme Onwuamadike, known as Evans, has been adjourned to Tuesday, June 26 by a Lagos High Court
- The counsel to Evans, Olukoya Ogungbeje had file an application to the Court to annul charges instituted against his client
- Ogungbeje said that the charges against his client were defective, repetitive and abusive to court procedures
A Lagos division of the Lagos state High Court has slated Tuesday, June 26 to decide on an application filed by alleged billionaire kidnapper, Chukwudumeme Onwuamadike (notoriously referred to as Evans) to annul criminal charges instituted to him.
The presiding judge, A. Akintoye, had fixed the date after overruling an earlier application by Evans that the charges were tantamount to abuse of court ethics, Premium Times reports.
READ ALSO: PDP leaders visit Metuh in National Hospital
The counsel to Evans, Olukoya Ogungbeje, similar charges had been brought against his client in other courts by the state government. Premising his argument on Section 153 of the Administration of Criminal Justice Law ( ACJL ), Ogungbeje said the charges were grossly defective, repetitive and an abuse of legal procedures.
He said: “Apart from the counts being of same offence, same section of the law is being provided in these counts. 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. Shitta-Bey said: “It will be against the provisions of the law to lump the two offences in one count.”
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 Ogungbeje's application.
Counsel to the second defendant urged the court to dismiss the charges against Linus Okpara, his client, stating that no incriminating fact or evidence had been established against him.
Responding to this, Jude Igbanoi, counsel to the third defendant, remarked: "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”
However, Shitta-Bey said the proof of evidence disclosed a prima facie case against 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.
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.
Meanwhile, NAIJ.com reported that Evans had lost as Justice Oluwatoyin Taiwo of the Lagos state High Court, Igbosere, ruled on Friday, November 10, that he and his suspected accomplices all had cases to answer.
The judge’s ruling came as Evans and the suspected accomplices face two separate charges filed against them by the Lagos state government.
NAIJ.com visits Evans the kidnapper's house, how should he be punished?