The fresh arraignment of the suspected billionaire kidnapper, Chukwudumeme Onwuamadike a.k.a Evans on charges of murder and illegal possession of firearms was on Monday stalled at a Lagos High Court in Igbosere.
The Lagos State Government has filed two separate charges containing a total of 11 counts against Evans and four others at the court presided over by Justice Oluwatoyin Taiwo.
However, the arraignment of the five accused persons was stalled owing to an application filed by Evans’ lawyer, Olukoya Ogungbeje, seeking to quash the charges.
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.
In it, it was argued that all 11 counts in the two charges were bad for duplicity, grossly defective, a gross abuse of court’s process and does not disclose a prima facie case against the defendant.
In particular, Ogungbeje claimed that counts 1, 2 and 3 in the first charge do not disclose any prima facie case as there is no evidence of death in the proof of evidence in the information filed by the prosecution.
Besides, he said counts 4 and 5 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 at Ikeja High Court.
He further argued that counts 6 and 7 of the charge is a gross abuse of court process as the same offence of firearms had earlier been filed by the prosecution in charge number; LD/5962C/2017.
It was further contended that Evans has been erroneously been charged with a Federal offence and under a Federal law by the Attorney General of Lagos State.
However, in its counter-affidavit, the Lagos State Government contended that the charge numbers; LD/5962/2017 and ID/5970/2017, referred to by the applicant are separate and distinct from the new charges.
It was further argued that the 2nd to 4th defendants in the new charge are not defendants in charge number; ID/5970C/2017.
It was further claimed that apart from his confessional statements, arms and ammunitions were recovered from Evans and his cohorts.
Government added that the charges were valid and competent having satisfied the provisions of the relevant laws and that it has enough evidence to proceed against Evans
It was further claimed that the application is vexatious and calculated to delay and frustrate the trial of Evans.
Justice Taiwo has adjourned hearing of Evans application and the prosecution’s counter-affidavit to Friday.
Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong, were Evans’ co-accused in the first charge containing 7 counts while his co-accused in the second charge which contains 4 counts was one, Victor Nonso Aduba.
