YAHAYA IBRAHIM
A Lagos High Court in Igbosere on Friday dismissed the two applications filed by suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans to challenge his trial before the court on charges bordering on kidnapping, murder, attempted murder and possession of firearms.
The trial judge, Justice Oluwatoyin Taiwo, therefore ruled that Evans and other accused persons have case to answer on two separate charges filed against them by the Lagos State Government.
In the first charge, Evans and one Victor Nonso Aduba are standing trial on four counts of conspiracy, kidnapping and unlawful possession of firearms .
In the second charge, he and three others are facing seven counts of conspiracy, attempted kidnapping, kidnapping, murder and attempted murder.
Other defendants are Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong.
In one of the charge Evans and others were alleged to have attempted to kidnap the Chairman of The Young Shall Grow Motors, Vincent Amaechi Obianodo.
The arraignment of Evans and others before the court on October 23 was stalled following the two applications which seeks to strike out the charges on ground of jurisdiction.
Their pleas could not be taken and the court had adjourned to rule on the applications.
In her ruling on Friday, Justice Taiwo, described the applications as misconceived and lacking in merit.
The judge held that the proof of evidence filed by the state in support of the charges disclosed sufficient material worth pursuing by the prosecuting counsel.
The dismissal of the applications paved the way for Evans’ and Aduba arraignment in the first charge to which they pleaded not guilty to four counts of conspiracy, kidnapping and unlawful possession of firearms .
But the prosecution led by the Attorney General and Commissioner for Justice, Mr Adeniji Kazeem could not arraigned Evans and three others in the second charge.
The prosecution had amended the second charge without attaching proof of evidence which made the defendants counsels to raised objection.
The defendants counsel contended that the new charge was not properly filed before the court, saying that failure of the prosecution to attached proof of evidence to the new charge was a breach of their fundamental rights to fair hearing.
They therefore prayed the court to strike out the charge on the ground of competent.
This was opposed by the Attorney-General, who argued that the charge was filed in line with laid down rules.
Justice Taiwo in her ruling on the fresh application of the defendants held that failure of the prosecution not to attach proof of evidence to the new charge was a blunder that could not be over looked by the court.
She held that for the new charge to be deem proper before court, the prosecution must follow the due process and the judge ordered the prosecution to serve the proof of evidence on the defendants, in order to proceed on their arraignment on the second charge.
The case has been adjourned till December 15, for prosecution to open its case in the first charge while the plea of the defendants will also be taken on the second charge.