Admin l Friday, January 19, 2018
IKEJA, Lagos, Nigeria – There was mild drama in court today as a result of failure by Okwuchukwu Nwachukwu, the 4th defendant arraigned along with Chukwudumeme Onwuamadike, aka Evans for kidnapping and conspiracy to wit kidnapping.
He was arraigned with Evans, Ogechi Uchechukwu, Uche Amadi, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Chukwunonso Aduba, second, fourth, fifth and sixth defendants respectively.
The defendants changed their guilty plea to not guilty after the amended charge was read to them. They have been in Police custody since June 10, 2017. They were charged under Sections 411 and 271(3) Criminal Law Cap C17 Laws of Lagos State 2015: “Conspiracy to commit a felony to wit kidnapping contrary to Section 411, Kidnapping Criminal Law. Cap C17, Laws of Lagos State 2015″.
When the case was called today, the fourth defendant (Okwuchukwu Nwachukwu) told court that he is still making arrangement for legal representation.
The development made the prosecution counsel led by the Director, Directorate of Public Prosecution (DPP), Titilayo Shitta-Bey to inform the court that at the last adjourned date, the court adjourned for continuation of trial at the instance of 4th defendant legal representation.
She said, ” the court asked the fourth defendant how long it will take him to engage a lawyer, he requested for two weeks, now we are in January since November last year.”
She further submitted that section 36 of the constitution of Federal Republic of Nigeria provides defendant entitlement to a counsel of his choices. She posited that, there have been Supreme Court pronouncement on unnecessary delay of proceedings in the court.
“The duty of the court is to assert his control over proceedings where a party has been given opportunity to secure representative, the court cannot wait for ever, or delay the case for ever. Also in the constitution, the issue of speedy trial is fundamental. It is obvious in this case that there is a deliberate attempt to delay trial.” she submitted that Ogungbeje who had hold brief for him can appear for the fourth defendant.
In responsed to DPP submission, Ogungbeje told court that the brief has not been perfected. According to him, his family met us and promise week or two, the brief has not been perfected and that is why am withdrew my appearance.”
The prosecution witness, Anslem Dunu was cross examined by Ogungbeje.
The witness was confirmed that he spoke to unknown voices. He said he would not know whether the voice was of the defendants but insisted that the voice was muffled.
“The strange voice told me what to do, the voice was muffled.”Dunu continued that he was not the one that took the ransome to them.
” I was not the person that took the money to them. So I did not hand over the money to them. I knew the person who gave instruction that I should give the person the money. ”
Meanwhile, the court has fixed March 2, 2018 to rule on the bail application filed by suspect, Victor Chukwunonso Aduba charged alongside the notorious billionaire kidnapper, Chukwudumeme Onwuamadike popularly known as Evans.
The presiding judge, Justice Hakeem Oshodi fixed the date after counsel to Evans (first defendant) cross examined the prosecution witness, Anslem Duru.
After the cross examination, counsel to sixth defendant, Emmanuel Ochai informed the court of the pending application for bail. He urged the court to grant him bail on liberal terms.
” In response to bail application, we have filed 11 paragraph affidavit dated November 18, 2017. The issue of bail is at the discretion of the court. There was no material evidence before the court. Guaranteed granting the defendant bail. She urged the court to deny him bail, nothing that no special circumstances warrant granting him bail. Justice Oshodi subsequently adjourned till March 2,2018 for ruling and further cross examination.
