Kidnapping Suspect, Evans Stalls Arraignment, Challenges Jurisdiction

Posted on October 23, 2017

YAHAYA IBRAHIM

Suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans was on Monday brought before a Lagos High Court in Igbosere for fresh arraignment.

But the arraignment could not go on as his lawyer brought an application before the court to quash the two separate charges brought against him and other defendants by the state.

In the fresh charge, Evans and his co-defendants were accused of murder, kidnap, attempted kidnap among other offences.

In one of the charge, he was accused of attempted kidnap of the Chairman of Young Shall Grow Transport, Chief Vincent Amaechi Obianodo.

Other defendants charge, alongside, Evans are: Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong

However, the charge could not be read to the defendants following the application which tend to quash the charge.

Evans’ lawyer, Olukoya Ogungbeje asked the court to quash all the seven-count charge against the suspect and order his discharge.

The lawyer in the application, argued that the seven-count charge are duplicity, gross defective and constitute a gross abuse of court processes.

According to him, counts one to three did not disclose any Prima facie case as there is no evidence of death in the proof of evidence in the information filed by the respondent.

It was argued that all the 11 counts in the two charges were bad for duplicity, grossly defective, a gross abuse of court’s process and do not disclose a prima facie case against the defendant.

The application was brought pursuant to Section 55 of the Administration of Criminal Justice Law of Lagos State, 2015 and Sections 36 and 6 (6) (b) of the Constitution.

The lawyer said that counts 4 and 5 constitute gross abuse of court’s process as similar charges on the same offence of kidnapping had earlier been filed by the prosecution against his client in charge numbers; LD/5962/2017 and ID/5970/2017

He further said that counts 6 and 7 of the charge are also gross abuse of court process on the same offence of firearms had earlier been filed by the prosecution in charge number; LD/5962C/2017.

According to him, Evans has been erroneously charged with a federal offence and under a Federal Law by the Attorney General of Lagos State.

However, in its counter-affidavit, the Lagos State Government contended that the charge numbers; LD/5962/2017 and ID/5970/2017, referred to by the applicant are separate and distinct from the new charges.

It was further argued that the 2nd to 4th in the new charge are not defendants in charge number; ID/5970C/2017.

That apart from the confessional statements of Evans, arms and ammunition were recovered from him and his cohorts.

The court presided over by Justice Oluwatoyin Taiwo adjourned till Friday to rule on the application.