Presiding judge, Justice Hakeem Oshodi of the Lagos State High Court in Ikeja has declined the application of billionaire kidnapper Chukwudumeme Onwuamadike AKA Evans, praying the court to quash the two counts charges preferred against him by the Lagos State Government.
The state charged Evans and five others to court on August 30, 2017, for kidnapping, conspiracy, and related offenses to which Evans earlier pleaded guilty but on October 19 he changed his guilty plea to not guilty for the offense.
At the commencement of trial today on Friday, November 3, counsel for the Department of Public Prosecutions, Ms. Titi Shitta-Bay, told the the court that although the matter was slated for trial but defense lawyers have filed series of applications which she said was confusing and conflicting.
Ms. Titi Shitta-Bay said that the counsel to the kidnappers’ kingpin, Mr. Ogungbeje Olukoya, had served her with two contradicting applications. One, she said, an application praying for the court to quash the charges and in the same breath he is seeking bail and accelerated hearing of the case in another application.
“The matter was adjourned for prosecution to open trial. Our witness is in court. However, we have been served with series of confusing and conflicting applications on behalf of the 1st and 2nd defendants.”
“On behalf of the 1st defendant, we were served with an application asking the court to quash information before the court. We have responded by filing a counter affidavit. In another application, they are asking the 1st and 2nd defendants to be admitted on bail and acceleration of the trial.”
“It is in my humble observations the application is conflicting one another. One is asking to quash, the other is asking for acceleration. The application is frivolous and an abuse of court and an attempt to delay court processes,” Ms. Shitta-Bay said.
Defending his applications, Mr. Ogungbeje said the application asking for an order to quash the charges has been responded to and due for hearing but the application asking for accelerated hearing was not due for hearing.
While explaining himself, the judge, Justice Hakeem Oshodi, who seemed amazed, intercepted asking if he indeed filed the two applications.
“Mr. Ogungbeje, you mean you filed an application to quash and also an acceleration of trial without waiting for my ruling? Use processes accordingly” he scolded.
Mr. Ogungbeje insisted that he was right to have filed the applications and went ahead to argue the application seeking the court to quash charges against Evans upon the leave of the court
He argued that the charges constitute a gross abuse of court process.
“The prosecution filed similar charges at Igbosere High Court. Nothing stops the prosecution to have put the alleged charges before a single judge,” he said.
“The law is against filing multiplicity of suit against the same person. The Supreme Court also affirmed that instituting different charges before the same party simultaneously is an abuse of court process” Mr. Ogungbeje said.
He also argued that there is no prima facie case against his client. Mr. Ogungbeje said his client’s name was not mentioned in any of the documents compiled in the proof of evidence neither did any of the victims mentioned his client.
“There is no ground for prosecution. How can prosecution want 1st defendant to stand trial in a case that there is no ground for proceeding. The same witnesses listed are the same listed in the court at Igbosere”. He employed the judge to look at the proof of evidence to see if his client has a case to answer. “Finally, on the 19 of October, the prosecution brought application to amend what was before your lordship. The effect of amending what was before the court initially, the prosecution made a fatal error by not attaching another proof of evidence. In the new charge, there is no proof of evidence. The non-availability of proof of evidence before your lordship is fatal to the case of the prosecution, Evans lawyer said.
“It goes without saying that there is no ground for prosecution. The prosecution cannot be brave enough to tell the court that there is proof of evidence of the new charge,” he concluded.
He also made a similar argument for the 2nd defendant, Mr. Victor Nonso Aduba.
The state counsel opposed Mr. Ogungbeje, stating that the authorities cited by the defense lawyer are relevant only in civil suits. She stated that the only law guiding criminal prosecution is the Administration of Criminal Justice Act (ACJA).
“The prosecution is allowed under section 152 of ACJA to file separate charges for distinct offenses. The defendant committed the offenses at different time. The defendant is facing trial for murder, attempted murder, and kidnapping is just one of the offenses before the defendant at Igbosere,” she said.
She added that the crimes Evans and his accomplices are being tried for at Igbosere court were committed in 2014 while the one he is answering before the Ikeja court was committed in 2017. She also said Evans was arraigned alongside other defendants, not in the ongoing matter.
“It is incorrect to say the witness are the same. The only common witnesses are the police officers who did the investigation. The provisions quoted by my colleague are irrelevant because the prosecution of Criminal cases have long moved on,” the director of DPP.
She also explained that the defense counsel cannot say there is no prima facie case against the defendant. Ms. Shitta-Bay said there are statements from his kidnap victims and his confessional statements. She added that there is an evidence for ransom paid and the person who negotiated the ransom also gave a statement.
Having heard the counsel arguments, the presiding judge dismissed the applications seeking to quash charges against Evans and Mr. Aduba.
“I have heard the argument of both defendants and I must say that with all due respect to the defense counsel, he went out of the law. he misconceived the law and turned the law upside down.”
On the need for the prosecution to have attached another proof of evidence to the amended charge, the judge ruled that proof of evidence is a separate document and since it was not amended. It remained relevant before the court.
Justice Oshodi also held that the prosecution has established a prima facie case against the defendants and as such the defendants have the responsibility to prove their innocence. He explained that establishing a prima facie case is not a proof of guilt but that the persons alleged have a case to answer.
The matter was adjourned to November 17 for the continuation of trial.
Employment seeking girl steals N108k from her prospective employer
Opportunity comes but once, this young girl believes as she stole N108k from her prospective employer. A female jobseeker has been captured for taking One Hundred and Eight Thousand Naira amid her prospective employee meeting in Delta State.
It was accumulated that the businessperson at the organization had ventured out to get something, leaving the suspect in the workplace. The young lady professedly utilized the chance to take N108k and fled.
Good fortune, be that as it may, ran out on her, days after the fact, while going through the road where the workplace is found. She was expeditiously caught and dragged to her home where the rest of the cash was recovered.
Lagos tenant uses Landlord’s apartment to dupe house appliance vendors of N50 million
Hey peepz, I have a gist tho I don’t know if it’s true or not..But I will say it Sha. I was just walking on the street 2receive fresh air when I saw a couple. d man was telling his wife about an incident. I kukuma slowed down an walked behind them to hear d full gist.
It was more like a scam story. A certain man walked up to a Landlord in our area and requested to rent his apartment for 2 months, with the excuse that he was traveling to Canada and just came to Lagos for the Visa Processing.. They agreed on 150K.
The man paid and took ownership of the apartment.He then went out to Vendors in town and negotiated to buy expensive items on lease. With installment payment plans.. He was said to have collected home appliance worth N50,000,000 from various vendors.
He then took them all to the apartment one by one to build trust. At least once they know he lives there, they can easily come around and pack their stuffs if he defaults, these people didn’t know what would hit them was going to be deadlier than Tsunami.
As agreed with the Landlord, the man packed out even earlier than expected… Left with all the items, of which he had not finished the payment..and the Landlord was so happy to have struck a better deal He immediately rented out the apartment to another family.
One by one, the creditors began to come in and same story was relieved to them.. Some fainted, some threatened hell fire …. To cut the long story short, Baba Ijebu was arrested alongside the new tenant.. You know Naija now… #POLICE no wan hear wuen
They were only saved after a Landlord intervened. He is a legal practitioner and took up the case. But sincerely speaking. I wonder how some people feel at rest knowing fully well their victims would suffer. I guess it all centers on lack of conscience. This is bad #dojon
It was more like a scam story. 🙆 A certain man walked up to a Landlord in our area and requested to rent his apartment for 2 months, with the excuse that he was traveling to Canada 🍁 and just came to Lagos for the Visa Processing.. They agreed on 150K.
— Diary of a Jobless Nigerian Youth (@wenogetjob) May 15, 2018
How a middle-aged man died after withdrawing N100,200 from the bank will shock you
What could have taken the life of a middle-aged man, identified only as Muyibi, who collapsed and died in a commercial cab in the Ojota area of Lagos State.
PUNCH Metro reports that Muyibi boarded the cab after withdrawing money from a United Bank for Africa branch in the Ogudu area. Then the driver had turned to to take his fee from Muyibi when he realized the man had become motionless. After reaching the terminus, a resident told Punch’s correspondent that the driver alighted from the cab to slightly push Muyibi, who was cold.
The resident, who did not want to be identified, said,
“The driver had picked some other passengers along the way, and they had all paid and dropped off at their various bus stops.
“When the victim did not respond when they got to the terminus, the driver parked the cab to rouse him, but he was cold.
The driver raised the alarm, which drew the attention of commuters and passersby to the scene. People checked him and discovered that the man was dead.”
Policemen from the Ogudu division were said to have been alerted to the incident. The driver’s vehicle was impounded just like that, while the man’s body was deposited in a morgue.
A source person at the terminus who spoke with Punch newspaper confirmed the incident, saying:
“It happened around 3pm on Friday. The man went to withdraw some money in UBA. The Ogudu Divisional Police Officer was compassionate; she pitied the cab driver, who had become jittery.
Although the man was not detained, his cab was impounded at the station pending when the deceased’s family would show up,” he added.
Lagos state Police Public Relations Officer, SP Chike Oti, said the police recovered N100,200 from the victim’s bag.
“The man was on his way to Ojota when he collapsed and died. We recovered the sum of N100,200 from his bag.
He also had a phone, which had a new SIM card. There is no contact on the phone and nobody has called him. We have a lead as to where he could be living.
His body has been deposited in a morgue for autopsy.”
Social Media1 week ago
#Bet9jaNYSCcup – All the photos from Bet9ja NYSC CUP
Entertainment1 week ago
You won’t believe this hilarious Celebrity fashion challenge
Entertainment7 days ago
Reactions to DJ Cuppy’s latest music, Charged Up!!!
Uncategorized2 years ago
End of the World! – See what a young girl posted to celebrate her boyfriends birthday
News5 days ago
Graduated from Ransome Kuti 30 years ago and their reunion is epic
Politics4 days ago
Buhari’s WAEC Cert – US Army War College said they don’t have it
Politics6 days ago
Reno Omokri dares El-rufai to deny sending him an email calling Southern women ‘whores’
Entertainment2 days ago
30+ Epic Street Art of All Times