Shitta-Bey made the submission while responding to a fresh application filed by Evans’ counsel, Olukoya Ogungbeje, asking that the court quash the charges against the defendant.
“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 was on the procedure applied by the prosecution in filing the charges against his client.
After arguments from the both parties, presiding judge Justice Oluwatoyin Taiwo asked, “Mr. Ogungbeje what exactly do you want?
“I know that one day, one day 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 subsequently move forward.
Evans alongside and three others are facing seven counts of 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 with the charge preferred against him.
Ogwu maintained that the purpoted statement made by his client had nothing to do with the charge for which his client was arraigned, 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 facie case against the second defendant and we urge the court to dismiss the application,” Shitta-Bey said.