Kidnap Kingpin, Evans, Loses Bid To Stop Trial
Moves by alleged kidnap kingpin, Chukwudumeme Onwuamadike alias Evans to get a Lagos State High Court in Igbosere to overturn the two separate criminal charges brought against him by the state government has failed.
The trial judge Justice Oluwatoyin Taiwo, while ruling on Evans’ applications seeking to dismiss the two new charges of conspiracy, kidnapping, attempted murder, murder and procession of firearms, described the applications as misconceived and lacking in merit.
Evans had on October 23, rebuffed attempt by the state government to arraign him and others, on the ground that the court lacked jurisdiction to entertain the charges.
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 Counts 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 count 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 of four counts, Evans is alleged to have conspired with Joseph Ikenna Emeka and Chiemeka Arinze to kidnap one Sylvanus Hafia.
In her ruling on Friday: Justice Taiwo 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’ arraignment on two fresh charges.
However , the prosecution could only arraigned Evans and Aduba in the first charge, there plea were taken on four counts of conspiracy, kidnapping and unlawful possession of firearms .But pleaded not guilty.
While the prosecution led by Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem could not arraigned Evans and three others in the second charge.
The prosecution amended the second charge without attaching proof of evidence to it which made the defendants counsel to raised objection.
The defendants counsel contended that the new charge was not properly filed before the court, they argued that failure of the prosecution to attached proof of evidence to the new charge was a breach of fundamental rights of the defendants to fair hearing.
Evans and others defendants prayed the court to strike out the charge because it is competent.
But the Lagos State, Attorney-General, Kazeem opposed the application on the ground that filing of charge was in line with laid down rules.
Justice Taiwo in her ruling on the fresh application of the defendants agreed with Evans and the three others counsel that failure of the prosecution to attach the proof of evidence to the new charge was a blunder that couldn’t be over looked by the court,
The court held that for the new charge to be deemed proper before court, the prosecution must follow the due process.
Justice Taiwo therefore, ordered prosecution to serve the proof of evidence on the defendants, in order to proceed on the arraignment of the defendants.
The court has fixed December 15, for prosecution to open its case in the first charge while the plea of the defendants will also be taken on the same date
