Lawyer Faults Charges Against Evans …. Says Billionaire Kidnapper Not Guilty of Murder

Ladipo Sanusi/

Counsel to billionaire kidnapper Evans has told an Igbosere High Court there was no proof of murder against his client.

Olukoya Ogungbeje told the court today that counts one, two and three in the first charge filed against Evans, whose real name is Chukwudumeme Onwuamadike, did not disclose any prima facie case as there was no evidence of death in the information filed by the prosecution.

Ogungbeje stated this while challenging the new charges filed against Evans and other alleged accomplices by the Lagos State government.

The defendants had earlier been charged to an Ikeja High Court, Lagos on October 23 on similar charges.

The two separate charges bordered on kidnapping, pocession of firearms, murder and attempted murder.

Evans and his co-defendants had however objected to their earlier arraignment by the state government on the ground that the court lacked jurisdiction to entertain the charges.

The objections they raised had made it impossible for the court to take their pleas forcing the the court to adjourn matter till today for hearing of the applications filed by the accused persons.

One of the charges preferred against Evans and his co-accused included attempted kidnap of the chairman of Young Shall Grow Motors, Vincent Amaechi Obianodo.

Ogungbeje had sought to quash the two separate charges consisting of four in one charge and seven counts in another charge.

Ogungbeje had told the court it lacked jurisdiction to hear both charges as the state counsel did not obtain the fiat of the Attorney-General of the Federation (AGF) to prosecute the cases.

In one of the charges, Evans and the second defendant Victor Nonso Aduba were charged with four counts of conspiracy, kidnapping and unlawful possession of firearms .

In the second charge, Evans and three others were charged with seven counts of conspiracy, attempted kidnapping, kidnapping, murder and attempted murder.

The second to fourth defendants in the second charge are: Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong.

Arguing his application today, Ogungbeje said the application was brought pursuant to Section 55 of the Administration of Criminal Justice Law of Lagos State, 2015 and Sections 36 and 6 (6) (b) of the Constitution, while noting that all the 11 counts in the two charges were bad because they were duplicated, grossly defective, they constituted a gross abuse of court process and did not disclose a prima facie case against the defendant.

Besides, Ogungbeje said fourth and fifth counts constituted a gross abuse of court 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

He further stated that counts six and seven of the charge were a gross abuse of court process because the same offence of firearms possession had earlier been filed by the prosecution in charge number LD/5962C/2017.

He also argued that Evans had been erroneously charged with a federal offence and under a federal law by the Attorney General of Lagos State.

The state government in its counter-affidavit argued by the Director of Public Prosecution Ms T. K. Shitta-Bay contended that the charge numbers LD/5962/2017 and ID/5970/2017 referred to by Evans’ counsel were separate and distinct from the new charges.

It further argued that the second to fourth defendants in the new charge were not defendants in charge number ID/5970C/2017.

The government also stated that apart from the confessional statements of Evans, arms and ammunitions were recovered from him and his accomplices.

The DPP said the charges were valid and competent having satisfied the provisions of the relevant laws and contained enough evidence to proceed against Evans

She stated further that Evans’ application was vexatious and a calculated attempt to delay and frustrate the trial.

She therefore urged the court to discountenance the application and dismiss same.

Counsels to the other defendants aligned themselves with application filed and argued by Evans’ counsel.

Justice Oluwatoyin Taiwo adjourned till November 10 for ruling on the applications.

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