For the third time, alleged kidnap kingpin, Chukwudumeme Onwuamadike popularly known as Evans has asked a Lagos High Court sitting in Igbosere to quash the two separate charges filed against him by the Lagos State Government which borders on kidnapping.
Evans kicked against the new five-count charge filed by the Lagos State Government bordering on conspiracy to kidnap, kidnapping and attempted murder against him and three others.
Evans is charged alongside Joseph Ikenna Emeka, Ugochukwu Nwachukwu and Victor Aduba.
In the second charge, Evans is being charged alongside Joseph Ikenna Emeka, Linus Okpara and Victor Aduba.
At the resumed hearing of the matter on Wednesday, the counsel to Evans Olukoya Ogungbeje informed the court that he has a motion on notice to quash all the two count charges filed against the first defendant, dated November 22, 2017.
Ogungbeje said that all the two count charges contained in the information/ charge and the proof of evidence before the court does not disclose any prima facie case against the first defendant/applicant.
Ogungbeje said that all the count charges are grossly defective, incompetent and constitute an abuse of court processes.
He also stated that the prosecution/ respondent had earlier filed similar charges and amended charges bordering on kidnapping against the same first defendant/applicant in Charge No: ID/ 5970C/2017, Charge No: ID/5962C/2017, Charge No: ID/5964C/2017 and Charge No :ID/5958C/2017, between the State VS Chukwudumeme Onwuamadike &others pending before the same High Court of Lagos State.
It also stated in the 12 paragraphs affidavit that the two count charges are oppressive, prejudicial, grossly defective and an abuse of court process, adding that all the count charged are brought in bad faith to harass, oppress, hound, frustrate, vex and intimidate the first defendant.
Ogungbeje further said that the present charge before the court is a calculated attempt to oppress, revenge, hound, frustrate, vex and ensure that a charge is pending against the first defendant/ applicant at every point in time.
He said that there is no prima facie case in the proof of evidence linking the first defendant/applicant to the alleged offences and that the proof of evidence does not disclose any offence against the first defendant.
“It will be in the interest of Justice if all the two count charges are quashed and the defendant/applicant is accordingly discharged.
In her response, the Director of Public Prosecution DPP, Ms Titilayo Shitta-Bey, said there are sufficient proof and evidence linked to the first defendant and urged the court to dismiss the application.
She also stated that the said charge is premised on the applicant’s involvement in the kidnapping of Okereafor and collecting ransom in the sum of $2million, from his family.
Meanwhile the second defendant Joseph Ikenna Emeka also urged the court in a motion on notice, to quash the two-count charge contained in the information preferred against him, as the proof of evidence does not disclose a prima facie case against him.
Emeka through his counsel O. Ogu said that there is nothing in the proof of evidence linking the second defendant /applicant with the alleged offences whatsoever.
Consequently, Justice Akintoye adjourned ruling on the applications to March 22.
The alleged kidnap kingpin was arrested on June 10.
Evans was in August 2017 arraigned before Justice Hakeem Oshodi at an Ikeja High Court over the kidnapping.
He has also been arraigned before Justice Oluwatoyin Taiwo of Igbosere High Court, Lagos.
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