Absence Of Evans’ Lawyer Stalls Trial
The planned arraignment of alleged kidnap kingpin, Chukwudumeme Onwuamadike, also known as Evans, before the Lagos State High Court in Igbosere was on Friday, stalled due to the absence of his counsel, Olukoya Ogungbeje in court.
Ogungbeje was not in court because he was said to be appearing in another matter before the Court of Appeal.
The failure of the state to arraign Evans and his co-accused on Friday before Justice Adedayo Akintoye made it the second time that the arraignment of the defendants would be stalled.
It will be recalled that the Lagos State Government had already filed three separate charges against Evans before Justice Hakeem Oshodi and Justice Oluwatoyin Taiwo of the same court.
But on November 13, the state, through the office of the Director of Public Prosecutions (DPP), brought Evans before Justice Akintoye on a five count charge of conspiracy to kidnapping, kidnapping and attempted murder.
Evans was charged alongside three others: Joseph Ikenna Emeka, Victor Aduba and Okapara Linus.
The offence of conspiracy is contrary to section 411 of the criminal law Cap C 17, Vol 13, of Lagos State, 2015, Kidnapping is contrary to section 271 (3) and counts three to five, attempted murder, is contrary to section 230 (A) Cap C17, of the criminal law of Lagos state, 2015.
The third defendant’s counsel, Emmanuel Ochai, was absent, while the fourth defendant, Okpara Linus, had no legal representation.
On the second charge, Evans was charged alongside Joseph Ikenna Emeka, Ugochukwu Nwachukwu and Victor Aduba.
They were charged on two-counts of conspiracy to kidnapping contrary to section 411, Cap C17, Vol 3 of the criminal law of Lagos state, 2015, and kidnapping contrary to section 271 (3), of the criminal law of Lagos state, 2015.
At the resumed hearing of the case Friday, the prosecution, led by Ms Titilayo Shitta-Bey, Director of Public Prosecution (DPP), informed the court of her readiness to proceed with the case but was restrained by the letter wrote by Evans’ lawyer, Ogungbeje, seeking for tye matter to be stood down till 12 p.m, for the fact that he was before the Court of Appeal for another matter.
The judge and other defendants’ counsel also acknowledged the letter.
Also, the lawyer to the third defendant in the first charge, Jude Igbanoi, informed the court that he had just taken over the case and that he needed time to study the proof of evidence and other things.
Due to the request and the letter from Evans’ lawyer, the prosecutor prayed the court for a short adjournment, telling the court that it was not certain whether Ogungbeje will be back by 12 p.m as requested and that even if he did make it back by the proposed time, the application of the third defendant’s counsel will still affect the proceeding.
Other defendants’ counsel did not oppose the prosecution’s application and the court adjourned the two separate charges till January 22, 2018 for hearing