Chukwudumeme Onwuamadike
suspected kidnap kingpin better known as Evans, on Friday, asked a Lagos high
court sitting in Igbosere to quash all the charges filed against him by the
Lagos state government.
Evans said similar charges were
pending before a Lagos high court (Ikeja division) and therefore should be
tried by one judge.
Lagos government had brought a
fresh set of five counts bordering on conspiracy to kidnap, kidnapping and
attempted murder against Evans and three others.
In the second charge, Evans is
being tried alongside Joseph Emeka, Linus Okpara and Victor Aduba.
At the resumed hearing of the
case, Olukoya Ogungbeje, counsel to the first defendant, informed the court
that he had filed a motion on notice to quash all the charges filed against
Evans.
According to him, the prosecution
had earlier filed similar charges and amended charges bordering on kidnapping
against Evans pending before the same High Court of Lagos state.
He relied on Section 153 of the
Administration of Criminal Justice Law of Lagos state, adding that nothing
stopped the prosecution from bringing the charges under one judge.
“Apart from the counts being of
same offence, same section of the law is being provided in these counts,” he
argued.
“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 her response to the motion,
Titilayo Shitta-Bey, the state director for public prosecutions, said: “The
general rule is that every offence must be in a separate count.”
Shitta-Bey said that Evans was
charged with attempt to murder James Uduji in count three; while in count four,
he was charged with attempt to murder Donald Nwonye.
“It will be against the
provisions of the law to lump the two offences in one count,” she said.
She explained that other charges
filed against the first defendant before other judges involved different
defendants, different offences and different victims.
She, therefore, urged the court
to dismiss the application.
Meanwhile, Linus Okpara, the
third defendant in the second charge, has also urged the court in a motion on
notice to quash the two counts preferred against him.
He made the application through
Jude Igbanoi, his counsel, adding that the proof of evidence did not disclose
any prima facie case against him.
“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,” Igbanoi said.
However, the prosecutor, in
response to the third defendant’s motion, told the court that the proof of
evidence disclosed a prima faciecase against him.
She said that the proof of
evidence disclosed where the third defendant admitted collecting the sum of N2m
for the first defendant in relation to Uche Okarafor, one of the victims.
After listening to all the
arguments, Adedayo Akintoye, the judge, adjourned the case until June 26 for
ruling.
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