Admin I Friday, November 03, 2017
IKEJA, Lagos, Nigeria – The Notorious Kidnapper, Chukwudumeme Onwuamadike aka Evans today failed in his bid to quash the two charges preferred against him and five others by the Lagos State Government.
They were charged with conspiracy to commit felony and kidnapping contrary to section 411 of the Criminal Law Cap 17 Laws of Lagos State 2015.
They others are Uche Amadi, Ogechi Uchechukwu, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Chukwunonso Aduba.
At the resumed hearing today, Evans’ counsel, Olukoya Ogungbeje told the court that the name of the first defendant was not contained in the amended proof of evidence before the court and that there was therefore no reason to hit the ground running with the trial.
Citing Okaegbe Vs Lagos State, he argued that once a charge is amended, everything in the initial charges is totally wiped off including the proof of evidence. Making his plea before the court, he attached a Supreme Court ruling in which he said made it very clear that a defendant cannot be arraigned on the same offence in different courts and wondered why all the charges were not consolidated and brought before the judge.
He also quoted FG VS Bola Ahmed Tinubu at the Code of Conduct Tribunal to support his claim. Earlier the Prosecution led by C.K Shitabey had told the court that counsel to the first and second defendants had served various applications which she said were in conflict and contradictory. According to her, the counsel was seeking to quash charges on one hand and on the other hand filed application for accelerated hearing.
She also argued that the charges brought before Evans in the other high court had to do with a crime he committed in 2013 with different witnesses unlike the two charges of conspiracy to kidnap and kidnapping before Justice Hakeem Oshodi which was committed in 2017 and that she is relying on the initial proof of evidence.
She said the cases cited by Evans’ lawyers were only relevant to civil cases and urged the court disregard his plea. Ruling on the matter, Justice Hakeem Oshodi decided to assume jurisdiction and commenced trial. He ruled that the cases cited were not enough to quash the charges.
