Court Fixes 10 Nov To Rule On Evans’ Applications To Quash Murder Charge
Posted on October 27, 2017
YAHAYA IBRAHIM
Justice Oluwatoyin Taiwo of a Lagos High Court in Igbosere on Friday adjourned sitting in the trial of suspected kidnappers, Chukwudumeme Onwuamadike alias Evans till November 10 to rule on the two applications filed before it by the kidnap kingpin.
The applications filed by Evans’ lawyer, Olukoya Ogungbeje had asked the court to quash the 11 counts charge preferred against him and other defendants by the state.
The charge include the attempted kidnap of Chairman of The Young Shall Grow Motors, Vincent Amaechi Obianodo.
Evans was brought before the court on Monday to answer to the new charges but he could not be arraigned due to the applications and the court adjourned till Friday.
In one of the charges, Evans and one Victor Nonso Aduba are charged on four counts of conspiracy, kidnap and unlawful possession of firearms.
In another charge, the state accused Evans, Joseph Ikenna Emeka,Chiemeka Arinze and Udeme Frank Upong of attempted murder, conspiracy, murder, attempted kidnap among other offences.
While arguing the application on Friday, Ogungbeje said the application was brought in 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.
He argued that all the 11 counts in the two charges were bad for duplicity, grossly defective, a gross abuse of court’s process and does not disclose a prima facie case against the defendants as there is no evidence of death in the proof of evidence in the information filed by the prosecution.
But the state represented by the Director of Public Prosecution(DPP), Ms Titian Shitta-Bey had in a counter-affidavit argued that the charge numbers; LD/5962/2017 and ID/5970/2017, referred to by the applicant are separate and distinct from the new charges.
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