- Justice Adedayo Akintoye throws out an application against the charges preferred on alleged kidnapper Evans
- The charges are brought against him and other suspects by the Lagos state government
- The judge gives reasons as the case came up on Tuesday, June 26
Justice Adedayo Akintoye of an Igbosere high court in Lagos again threw away the application seeking to quash the charges against suspected kidnap kingpin, Chukwudumeme Onwuamadike, also known as Evans, by the Lagos state government.
The News Agency of Nogeria (NAN) reports that Akintoye, while ruling on the application, said the charges filed against Evans did not offend the rule of duplicity as enshrined in the country’s laws and, therefore, lacked merit.
Evans is standing trial on a fresh five-count charge bordering on conspiracy to kidnap, kidnapping and attempted murder, and he had, on May 25, asked the court to quash all the charges filed against him.
The report said in a motion on notice, the defendant had said that all the charges were “grossly defective, repetitive and an abuse of court processes.”
NAIJ.com learnt that at the resumed hearing of the case on Tuesday, June 26, Justice Akintoye said the processes filed by both counsel to the case identified three major issues for determination.
She said: “Looking closely at the proof of evidence, a prima facie case has been established.
“The statement of one of the victims stated that Evans shot him with a gun, cleaned the wound by himself and asked the third defendant to look after him (victim).”
The judge also held that the charge was not an abuse of court process, adding that every distinct offence should be charged separately.
She, however, said the information did not offend the rule of duplicity as enshrined in sections 152 and 153 of the administration of criminal justice law of Lagos state just as she said the charges are not defective, the charge disclosed different offences with different facts, different victims and different places.
On whether the court has jurisdiction or not, the judge said the argument was that the court had the power to quash charges.
She, however, held that the application to quash charge was premature.
“The defendant must wait until the close of prosecution’s case before filing to quash charge, the application to quash charge and to discharge the defendants is hereby refused and dismissed.
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“The application lacked merit, I so hold,” Akintoye ruled.
After the ruling, the prosecutor, the state Director for Public Prosecutions (DPP), Titilayo Shitta-Bey, said: “in view of the ruling, we ask that the defendants be arraigned.’’
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