Evans’ Bid to Escape Justice Fails

Ladipo Sanusi/

Alleged kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans, has lost his bid to quash the charges preferred against him by the Lagos State government.

Justice Adedayo Akintoye of an Igbosere High Court today ruled that the charges constituted against the suspected “are not defective and do not constitute an abuse of court processes”.

The judge, consequently, dismissed the application filed by Evans seeking to quash two separate charges filed against him by the state government.

The Lagos State Government had brought a fresh five-count charge bordering on conspiracy to kidnap, kidnapping and attempted murder against Evans and three others.

Evans’ co-accused are Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

In the earlier charge, his co-accused were listed as Joseph Emeka, Linus Okpara and Victor Aduba.

Justice Akintoye noted that based on the proof of evidence before the court, the issue for determination was whether a prima facie case had been established against the defendants.

She further explained that “a prima facie case is established where the court finds that there are grounds for proceedings”, adding that “the proof of evidence must sufficiently link the defendant to the offence allegedly committed”.

She subsequently ruled: “Looking closely to the proof of evidence attached to the information in this case, a prima facie case has clearly been disclosed against the defendant/applicant.”

The judge said that in the case at hand, the victim, Uche Okereafor’s wife was the person who paid the ransom, adding that the statement of the first defendant (Evans) himself suggested that the he (first defendant) was the mastermind and gang leader of the group.

“Other defendants participated in several kidnappings and shared the ransom collected from their victims.

“The third defendant ( Ugochukwu Nwachukwu) in his own statement and proof of evidence showed that he is a member of the gang and shared in the ransom collected from victims.

“I hold therefore that the proof of evidence disclosed a prima facie case against the first and third defendant,” she said.

Justice Akintoye said that the charge filed against the defendants were not defective based on the provisions of Section 152 and 153 of the Administration of Criminal Justice Law (ACJL) of Lagos State,2015.

“It is my view that the prosecution has complied with provisions of this section in view that every offence shall be charged separately.

“I also hold that the charge is not an abuse of court process, an abuse of court process means that the process of the court has not been properly and voluntarily followed.

“The defendant argued that the prosecution has filed similar charges against the defendants in other Lagos State High Courts but the prosecution has shown in the proof of evidence that the victims and defendants are not the same in each case.

“I hold that the charge as presently constituted is not an abuse of court process, therefore cannot be quashed,” the judge stated.

Justice Akintoye also said that the court did not have the power and the jurisdiction to qash the charge before the close of the prosecution’s case.

“I don’t believe that the court has the power to quash the charge before the close of the prosecution’s case as in the clear wordings of Section 262 of ACJL, such application is premature and can not be sustained.

“The defendant must wait until the close of the prosecution’s case before applying for any charge to be quashed.

“I therefore hold that the defendants application to quash the charge leveled against them is hereby refused and dismissed,” Akintoye ruled.

She also said that the same fate was applicable to the second defendant, Joseph Emeka, who had urged the court to expunge his name from the charge, stating that no prima facie case was made against him.

The judge said that the proof of evidence proved that a prima facie case had been established against the second defendant.

She said that the court found no merit in the second defendant’s application and therefore dismissed it.

Counsel to the first defendant, Mr Olukoya Ogungbeje, had filed a motion on notice to quash all the charges filed against his client.

In the motion on notice, Ogungbeje said that ‎all the charges and the proof of evidence before the court did not establish any prima facie case against the first defendant.

He also said that all the charges were “grossly defective, incompetent and constituted an abuse of court processes”.

He stated that the prosecution had earlier filed similar charges and amended charges bordering on kidnapping against the same first defendant pending before the same High Court of Lagos State.

He averred that the two separate charges were brought in bad faith to “harass, oppress, hound, frustrate, vex and intimidate the first defendant”.

‎In her response to the motion, the State Director for Public Prosecutions (DPP), Ms Titilayo Shitta-Bey, said there was sufficient proof and evidence linking the first defendant to the offences brought before the court.

She,therefore, urged the court to dismiss the application.

Shitta-Bey said that the first defendant was charged with the offence of conspiracy to commit kidnapping and kidnapping of one Uche Okereafor.

She also said that other charges filed against the first defendant before other judges involved different defendants, different offences and different victims.

Justice Akintoye adjourned till May 7, 8 and 9 for arraignment and commencement of trial.

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