By Lope Dada
The Lagos State Prosecution on Thursday accused counsel to suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans of trying to frustrate the proposed trial.
Director of Public Prosecution. Ms Titilayo Shitta-Bey made the submission while responding to counsel to Evans, Olukoya Ogungbeje’s application asking the court to quash the charges against the alleged kidnap kingpin.
“The fresh application filed by the 1st defendant’s counsel contains the same elements as a former application which he had initially filed which the court has ruled on. This fresh application is just a ploy to derail and frustrate the trial, ” Shitta-Bey said.
Ogungbeje however responded, “no my Lord, the prosecution are the ones delaying their case. The prosecution knows what we want. They have filed multiple charges, and even one of the charges they filed does not even have proof of evidence,” Ogungbeje argued.
Evans counsel however expressed displeasure over allegations raised by the prosecution accusing him of trying to stall the trial.
He maintained that the basis of his applications before the court is on the procedure applied by the prosecution in filing the charges against his client.
The presiding Judge, Justice Oluwatoyin Taiwo then pointedly asked, “Mr. Ogungbeje what exactly do you want?
“I know that oneday, oneday we will hear this case,” the Judge said, before adjourning the matter till March 21 in order to enable the prosecution file a fresh charge and subsquenly move forward.
Evans alongside three others are facing seven counts charges bothering on conspiracy, attempted kidnapping, kiddnapping, murder and attempted murder.
The second to fourth defendants are: Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong.
Earlier during proceedings, counsel to the second defendant, O. Ogwu brought an application before the court asking the court to dismiss the charges against his client arguing that he had nothing to do with the victims of the crime.
Ogwu maintained that the purpoted statement made by his client has nothing to do with the charges for which his client was arraigned, also adding that the same statement was used in another charge filed before Justice A. Akintoye of an Igbosere High Court.
Responding to Ogwu, Ms Shitta-Bey read to the court the confessional statement of the defendant which reads in part: “I followed Evans to an operation in Festac but we did not succeed as we missed the target. I decided to go into kidnapping business when I was no longer making money in my business.”
Shitta-Bey then proceeded to explain to the court that there is no law that prevents the prosecution from using the same confessional statement in two different charges.
“We have proven a prima facia case against the second defendant and we urge the court to dismiss the application,” Shitta-Bey said.
Evans and his co defendants’ offenses violate Section 411 Criminal Law Cap C 17, Vol 13, Section 271 (3) and Section 230 (A) Cap C17, of the Criminal Law of Lagos State, 2015.