By Onyewuchi Ojinnaka
Senior Corresspondent
The arraignment of suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, before a Lagos High Court Igbosere on Monday could not go on due to an appllication filed by his lawyer challenging the jurisdiction of the court to entertain firearms case.
Consequently, October 27 was fixed for the arraignment after the hearing and determination of the application.
Evans was to be arraigned for alleged attempt to kidnap the Chairman of The Young Shall Grow Motors, Vincent Obianodo.
The trial judge Justice Oluwatoyin Taiwo fixed the October 27 date following an application by Evans’ lawyer, Olukoya Ogungbeje, seeking to quash the two separate charges filed against him by the Lagos State Government. Evans was brought to court alongside other defendants.
TheNiche gathered that in the first charge, Evans who was only docked with one Victor Aduba were to be arraigned on a four-count charge bordering on conspiracy, kidnapping and unlawful possession of firearms.
They are accused of conspiring and kidnapping one Sylvanus Hafia.
In the second charge, Evans was docked with three other defendants, Joseph Emeka, Chiemeka Arinze, and Udeme Upong.
They are standing trial on a seven-count charge bordering on murder, attempt to commit murder, attempt to kidnap, and sale and transfer of firearms.
When the case came up on Monday, the court room was filled to the brim with reporters, lawyers and security agents.
Evans’ lawyer, Ogungbeje, told the court that the charge was only served on him this morning and objected to the arraignment of the defendants.
“We got a wind that our client will be arraigned this morning, so we brought a motion challenging the competence of the charge based on the issue of jurisdiction,” Ogungbeje submitted.
The lawyer also told the court that the Prosecutor, Ms Titilayo K. Shitta-Bey, Director of Public Prosecutions,(DPP) has replied his motion on notice with a counter-affidavit.
He therefore told the court that, “we intend to reply the counter-affidavit on points of law. We ask for a short adjournment to enable us reply on points of law.
“It is also a settled law that when an application seeking to quash a charge is brought, such application should be taken first before any arraignment because when plea is taken, it means trial has started.”
The counsel for other defendants, Mr Emmanuel Ochai, and Mr Ogedi Ogu, however, did not object to the arraignment of the defendants.
Ochai said, “We were served with the charge this morning, since we are seeing the charge for first time, we do not wish to join issues, we live it at the discretion of the court”.
However, the prosecutor had told the court that the business of the day was for the arraignment of the defendants.
Shitta-Bey said that the charge was served personally to the defendants on August 28, adding that it was in compliance with the provisions of Section 87 (1) of the Administration of Criminal Justice Law, Lagos State.
She argued that the application seeking to quash the charge should not be allowed.
“The application is not ripe for hearing, we were only served on Friday evening October 20; we have diligently replied by filing a counter-Affidavit.
“It is my humble submission that the business of the day be allowed to go on,” she said.
After the argument by the counsels, Shitta-Bey later conceded to the defendants’ counsel’s argument and agreed that the pending applications be heard first.
The trial judge after listening to the arguments, resolved that the pending application should be first heard and adjourned the case until October 27 for hearing of the applications.
The court was filled up with people but everywhere was calm as usual. After the court’s sitting, Evans and his cohorts were taken away by heavily armed policemen to Kirikiri prisons.
