He said that similar charges were already pending before a Lagos high court, and requested that he should be tried by one judge.
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 was arraigned alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.
In the second charge, Evans is standing trial alongside Joseph Emeka, Linus Okpara and Victor Aduba.
At the resumed hearing of the case yesterday, Counsel to the first defendant, Mr Olukoya Ogungbeje told the court that he had filed a motion on notice to quash all the charges filed against the first defendant, Evans.
In the motion on notice, Ogungbeje said that all the charges were “grossly defective, repetitive and an abuse of court processes”.
He said 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 relied on Section 153 of the Administration of Criminal Justice Law ( ACJL ) of Lagos State, adding that nothing stopped the prosecution from bringing the charges under one judge.
He said that counts three, four and five were repetitions of same offence.
“Apart from the counts being of same offence, same section of the law is being provided in these counts.
“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,” Ogungbeje said.
while responding to the motion, the State Director for Public Prosecutions (DPP), Ms Titilayo Shitta-Bey, said “the general rule is that every offence must be in a separate count.”
Shitta-Bey stated that the first defendant was charged with attempt to murder Chief James Uduji, in count three, while in count four, he was charged with attempt to murder Mr Donald Nwonye.