The third arraignment of Evans and four members of his gang, was set to begin after his arrival at an Igbosere High Court in Lagos, at about 9am, but his lawyer filed an application challenging the Court’s jurisdiction to entertain case of possession of firearms leveled against them by the Inspector-General of Police.
Evans and his gang are facing two separate charges of conspiracy, murder, attempted murder, kidnapping, possession of firearms and selling of firearms.
Evans and three members of the gang, namely: Joseph Ikenna Emeka, Chiemeka Arinze, and Udeme Frank Ukpong, were to face seven-count charge in the case marked LD/5694/2017.
In one of the charges, Evans and another suspect, Victor Nonso Aduba, were slammed with a four-count charge bordering on conspiracy, possession of firearms, kidnapping and murder.
Before the charges were read to them, Evans’ lawyer, Olukoya Ogungbeje, informed the Court of his client’s pending application, challenging the Court’s jurisdiction.
Ogungbeje told the court that the charge against his client was only served on him this morning. He said though, upon getting the hint that his client would be arraigned today, he had filed an application before the Court, challenging its jurisdiction to entertain the charge and take his client’s plea.
However, the Lagos state Director of Public Prosecution (DPP), T. K. Shitta-Bay, urged the Court to discountenance the application on the ground that the business before the Court was arraignment of the accused persons. She added that the application filed by Evans’ counsel was unripe for hearing.
Shitta-Bay told the court that the prosecution had done what was in conformity with their law by serving Evans personally with the information of the charge.
She added that the charge was served on Evans on August 20, 2017, while in police custody.
She, consequently, urged the Court to discountenance the application and take the plea of the accused persons.
But Justice Oluwatoyin Taiwo ruled that the defense had rights to respond to the counter-affidavit filed by the prosecution on point of law.
Justice Taiwo subsequently adjourned till Friday, October 27, for hearing and ruling on Evans’ application.