Again, Evans loses bid to quash kidnapping charges

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.

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.