Again, Evans loses bid to quash kidnapping charges

Oladimeji Ramon

The Lagos State High Court in Igbosere on Thursday dismissed applications by Chukwudumeme Onwuamadike, alias Evans, seeking to quash two separate charges of kidnapping filed against him by the Lagos State Government.

Justice Adedayo Akintoye, in her ruling, held that the applications lacked merit and therefore dismissed them.

It was the third occasion that Evans would fail in his attempt to get the various charges filed against him quashed.

He had got the same verdict from Justices Hakeem Oshodi and Oluwatoyin Taiwo, before whom he also has pending charges.

In her ruling on Thursday, Justice Akintoye rejected the argument by Evans’ lawyer, Olukoya Ogungbeje, that the charges against his client were defective and amounted to an abuse of court processes.

Contrary to Ogungbeje’s contention, the judge also held that the proof of evidence filed by the prosecution in support of the charges disclosed enough material to warrant the trial of Evans and his co-defendants.

“Looking closely at 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 held.

Citing sections 152 and 153 of the Administration of Criminal Justice Law of Lagos State, 2015, the judge added that the charges did not constitute an abuse of court processes.

She held, “It is my view that the prosecution has complied with provisions of this section in view of the fact 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, and can, therefore, not be quashed.”

Having dismissed Evans’ applications, the judge adjourned till May 7, 2018 for commencement of trial.

The first of the charges has Evans are Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba as defendants.

The defendants in the second charge are Evans, Joseph Emeka, Linus Okpara and Victor Aduba.

source http://punchng.com/again-evans-loses-bid-to-quash-kidnapping-charges/