EVANS: COURT EARMARKS JUNE 26 TO RULE ON ABUSE OF COURT PROCESSES

LAGOS, Nigeria – A Lagos High Court sitting in Igbosere, Lagos will on June 26, 2018 rule on an application filed by notorious kidnapper, Chukwudumeme Onwuamadike, better known as Evans, seeking to quash charges against him. Justice Adedayo Akintoye fixed the date following arguments of the counsel on application to quash charges against  Evans, stating that the charges against him were nothing but an abuse of court processes.

Evans counsel, Mr. Olukoya Ogungbeje in his submission, told the court that similar charges was filed against his client in other courts by the Lagos State Government. He argued that the charges were grossly defective, repetitive and an abuse of court processes. He cited Section 153 of the Administration of Criminal Justice Law (ACJL) of Lagos State. He posited the prosecution ought to have filed the charges under one judge, adding that counts three, four and five of the charges 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 the court to quash the charge because it is defective and an abuse of court process,”

The prosecution led counsel, Ms Titilayo Shitta-Bey responded that the general rule is that every offence must be in a separate count. “It will be against the provisions of the law to lump the two offences in one count. The first defendant (Evans) was charged with attempt to murder one James Uduji in count three, while in count four, he was charged with attempt to murder Donald Okoye.” She further argued that other charges filed against Evans in other courts involved other defendants and different charges, and prayed the court to dismiss the application.

Counsel to Linus Okpara, the second defendant, urged the court to dismiss the charges against his client, stating that prosecution did not establish prima facie case against him.So also the third defendant counsel, Mr. Jude Igbanoi aligned himself with argument of defendant counsel.He prayed the court to quash the charges, stressing there is nothing in the proof of evidence linking the third defendant to the charge.

Shitta-Bey noted that the proof of evidence established a prima facie case against Mr Okpara. She added that, in the proof of evidence, the third defendant admitted collecting N2 million for the first defendant in relation to one of the victims, Uche Okoroafor. The prosecution counsel urged the court to dismi ss the argument of the third defendant.

The trial judge subsequently adjourned ruling till June 26, 2018.The suspected kinapper, (Evans) is facing two count charge alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Adubaa.Their offence bordering on conspiracy to kidnap, kidnapping and attempted murder are Punishable Under Sections 409 and 269, of the Criminal Laws of Lagos State 2011. In the second charge, Evans is being tried alongside Joseph Emeka, Linus Okpara and Victor Aduba in a three count charge before the same judge

Evans is also facing trial before Justice Hakeem Oshodi and Justice Oluwatoyin Taiwo both sittin at the Ikeja Division of the Lagos State High Court.