Suspected
kidnap kingpin, Chukwudumeme Onwuamadike a.k.a Evans, on Wednesday asked a
Lagos High Court sitting in Igbosere to quash the two separate charges filed
against him by the Lagos State Government.
The Lagos
State Government had brought a fresh five-count charge bordering on conspiracy
to kidnap, kidnapping and attempted murder against Evans and three others.
Evans is
charged alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.
In the
second charge, Evans is being tried alongside Joseph Emeka, Linus Okpara and
Victor Aduba.
At the
resumed hearing of the case on Wednesday, counsel to the first defendant,
Olukoya Ogungbeje, informed the court that he had filed a motion on notice to
quash all the charge filed against the first defendant (Evans).
In the motion
on notice, Mr. Ogungbeje said that all the charges and the proof of evidence
before the court did not establish any prima facie case against the first
defendant.
He also said
that all the charges were “grossly defective, incompetent and constituted an
abuse of court processes”.
He stated
that the prosecution had earlier filed similar charges and amended charges
bordering on kidnapping against the same first defendant pending before the
same High Court of Lagos State.
He averred
that the two separate charges were brought in bad faith to “harass, oppress,
hound, frustrate, vex and intimidate the first defendant.”
“It will be
in the interest of justice if all the two separate charges are quashed and the
defendant is accordingly discharged.”
Mr. Ogungbeje,
however urged the court to adopt the facts as stated in the affidavit in
support of the motion on notice.
In her
response to the motion, the State Director for Public Prosecutions (DPP),
Titilayo Shitta-Bey, said there was sufficient proof and evidence linking the
first defendant to the offences brought before the court.
She,
therefore, urged the court to dismiss the application.
Ms.
Shitta-Bey said that the first defendant was charged with the offence of
conspiracy to commit kidnapping and kidnapping of one Uche Okereafor.
She also
said that other charges filed against the first defendant before other judges
involved different defendants, different offences and different victims.
“This
particular charge is premised on Evans involvement in the kidnapping of
Okereafor and collecting ransom in the sum of two million dollars from his
family.”
The DPP
urged the court to expunge the submission of the first defendant as it
constituted opinions, conclusions and argument contrary to Section 115 of the
Evidence Act.
Meanwhile,
the second defendant, Joseph Emeka, has urged the court in a motion on notice
to quash the two-count charge preferred against him.
He said the
proof of evidence did not disclose any prima facie case against him.
Also, the
counsel to the fourth defendant, Emmanuel Ochai, aligned himself with the
submission and arguments of the first and second defendants’s counsel.
Judge
Adedayo Akintoye, after listening to all the arguments, adjourned the case
until March 22 for ruling.
The alleged
kidnap kingpin was arrested on June 10, 2017 and was in August 2017 arraigned
before judge, Hakeem Oshodi, at an Ikeja High Court for kidnapping.
He was also
arraigned before Justice Oluwatoyin Taiwo of Ikeja High Court, Lagos.
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