Court To Rule On Evans’ Applications To Quash Murder Charges Nov. 10
Justice Oluwatoyin Taiwo of the Lagos State High Court in Igbosere has fixed November 10 to decide whether or not to quash the murder and illegal sales of firearms charges filed by the Lagos government against alleged kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.
Justice Taiwo fixed the case for ruling after the Lagos State Director of Public Prosecutions, Ms. Titilayo Shitta-Bay and counsel to Evans, Olukoya Ogungbeje argued the two applications filed by the defendant, challenging the competence the new charges and the court’s jurisdiction to hear them.
The state had on Monday, filed two new charges of conspiracy, kidnapping, attempted murder, murder and possession of firearms against Evans and four others but their planned arraignment could not go as planned due to the preliminary application.
One of the new charges filed before the court has seven counts of Conspiracy and the attempted kidnap of the Chairman of ‘The Young Shall Grow Motors’, Vincent Amaechi Obianodo.
In counts one and two, the alleged mastermind, Evans, one Joseph Emeka and another Chiemeka Arinze are charged with the murder of Peter Nweke and Chigozie Ngozi, who are said to be police officers attached to the Chairman of ‘The Young Shall Grow Motors’, Vincent Amaechi Obianodo.
In Count three, the defendants are charged with the attempted kidnap of Obianodo, while in counts four and five, they are charged with conspiracy and the attempted kidnap of Obianodo.
The offences were allegedly committed at about 22.00 hours on the 23rd of August, 2013, along 3rd Avenue, Festac Town, Lagos.
In counts six and seven, the 4th defendant, one Udeme Upong, allegedly sold and transferred 2 AK 47 Rifles and 70 rounds of live ammunition to Evans.
The second charge made up of four counts, Evans is alleged to have conspired with Joseph Ikenna Emeka and Chiemeka Arinze to kidnap one Sylvanus Hafia.
Moving the applications on Friday, Ogungbeje submitted that the fresh charges was an abuse of court processes, contending that some of the counts bordering on kidnapping were merely a duplication of the ones filed before Justice Oshodi in Ikeja.
In the application brought pursuant to Section 55 of the Administration of Criminal Justice Act, 2015 and Section 6 & 36 of the 1999 Constitution, Ogungbeje argues that the charges are bad for duplicity and constitute a gross abuse of court process.
He also argues that the charges disclose no ‘prima facie case’ against his client.
The lawyer submitted that counts four and five constitutes a 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.
Ogungbeje also argued that counts six and seven of the charge is a gross abuse of court process on the same offence of firearms had earlier been filed by the prosecution in charge number; LD/5962C/2017.
He further maintained that Evans has been erroneously charged with a Federal offence and under a Federal law by the Attorney General of Lagos State.
Ogungbeje said that his client was consequently arraigned alongside five members of his gang by the Lagos State Government on a two-count charge of conspiracy to commit kidnapping and kidnapping.
But the Lagos State DPP, Ms. Titilayo Shitta-Bay, said that the applications by the defence counsel stemmed from a misconception of sections 153 and 154 of the Administration of Criminal Justice Law of Lagos State, which, she said, guide the filing of charges.
She said that the victims in the different kidnapping and murder charges were different and the offences were committed at various times, adding that the defendants in the three charges, except Evans, were different.
She said that the state decided to file separate charges in order not to complicate its case, adding that the strategy adopted by the state was allowed by the law.
Shitta-Bay pointed out that contrary to Ogungbeje’s argument, the Lagos State DPP had since January this year secured a general fiat of the AGF to prosecute federal offences.
After listening to the lawyers, Justice Taiwo adjourned the matter till November 10, 2017 for ruling.
