By Onyewuchi Ojinnaka
The suspected kidnap kingpin, Chukwudumeme Onwuamadike , alias. Evans, on Friday May 25 again asked a Lagos High Court sitting in Igbosere to quash all the charges filed against him by the Lagos State Government.
Evans told the court presided by Justice Adedayo Akintoye that similar charges were already pending before another judge of Lagos High Court, and therefore 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.
Charged alongside with Evans in the instant suit are Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.
In the second charge, Evans is being tried alongside Joseph Emeka, Linus Okpara and Victor Aduba.
At the resumed hearing of the case on Friday,the first defendant’s counsel Mr Olukoya Ogungbeje informed the court that he had filed a motion on notice to quash all the charge filed against the first defendant (Evans).
In the motion on notice, Ogungbeje averred that all the charges were “grossly defective, repetitive and an abuse of court processes”.
He submitted 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 cited counts three, four and five as being 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 submitted.
Responding to the motion, the State Director for Public Prosecutions (DPP), Ms Titilayo Shitta-Bey, submitted that “the
general rule is that every offence must be in a separate count.”
Shitta-Bey said 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.
“It will be against the provisions of the law to lump the two offences in one count,” she said.
According to her, 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, the third defendant, Linus Okpara, in the second charge, urged the court in a motion on notice to quash the two-count charge preferred against him.
He made the application through his counsel, Mr Jude Igbanoi, adding that the proof of evidence did not disclose any prima facie case against him.
“I will allign 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 argued.
Also responding, to the third defendant’s motion, the prosecutor told the court that the proof of evidence disclosed a prima facie case against him.
She stated that the proof of evidence disclosed where the third defendant admitted collecting the sum of N2 million for the first defendant in relation to one of the victims, Uche Okorafor.
“I therefore urge the court to discontenance the third defendant’s argument,” DPP said.
After listening to all the arguments, Justice Akintoye adjourned the case until June 26 for ruling.
It would be recalled that the alleged kidnap kingpin was arrested on June 10, 2017 and in August 2017 he was arraigned before Justice Hakeem Oshodi at an Ikeja High Court for kidnapping.
He was also arraigned before Justice Oluwatoyin Taiwo of Ikeja High Court, Lagos.
