Notorious kidnapper, Chukwudumeme Onwuamadike, a.k.a Evans, on Friday filed an application for his case to be given accelerated hearing and be released on bail.
However, Ms. Titilayo Shitta-Bay, the Lagos State Director of Public Prosecutions, described his bail application as confusing and an abuse of court processes.
She said it is a ploy to frustrate the trial.
The court proceeding is still in progress.
Details soon.
A Lagos High Court in Igbosere has adjourned till November 10 for ruling on an application by a suspected billionaire kidnap kingpin Chukwudumeme Onwuamadike alias Evans seeking to quash fresh charges against him.
He has asked the court dismiss proposed twin charges of murder, attempted murder, kidnapping and attempted kidnapping, among others filed against him by the Lagos State Government.
Justice Oluwatoyin Taiwo fixed the date following arguments from Evans and the state counsel.
The judge also ordered that three of Evans’ alleged accomplices be moved to Kirikiri Maximum Security Prisons, Ikoyi.
Justice Taiwo made the order following an application that one of the suspects requires medical attention which are better available in prison.
The suspects, who are on trial on seven counts have been in police custody since their arrest, unlike Evans who was transferred from the police to prison custody following his arraignment before Justice H. Oshodi of a Lagos High Court in Ikeja.
Details later…
The Federal High Court in Lagos on Monday awarded N2million damages against the Police for illegally detaining Mr Okwuchukwu Obiechina, a brother-in-law of suspected kidnapper Chukwudumeme Onwuamadike (alias Evans).
Justice Mohammed Idris declared Obiechina’s arrest and detention unconstitutional.
He held that the remand order which the Police claimed to have obtained from a Magistrates’ court was invalid.
The judge ordered the plaintiff be released immediately from custody and asked the police to charge him if they have a case against him.
Justice Idris ordered the police to apologise to Obiechiana in a newspaper.
Obiechina prayed the court to order his release from detention, claiming he was arrested due to his relationship with Evans.
The applicant, through his lawyer Olukoya Ogungbeje, said despite Evans being arraigned, the Police kept him in detention since June 2.
He and his wife, Nzube, Evans’ sister, sued the Commissioner of Police in Lagos, the Police and the Special Anti-Robbery Squad in Lagos.
In a supporting affidavit deposed to by Obiechina’s relative Okoliagu Abunike, the applicant said he was arrested by a team of policemen led by Phillip and Christian.
The deponent said the officers bragged that no court would order Obiechina’s release.
“Since June 26, 2017, the first applicant is still being detained at the cell of the respondents till date even beyond the constitutionally allowed time.
“The applicant has not committed any offence known to law that will warrant the infringement of his right to life, personal liberty, fair hearing, freedom of movement and dignity of human person,” Abunike said.
But, counsel for the police, Mr Emmanuel Eze, urged the court to dismiss the suit for lacking in merit.
He said Obiechina was detained based on a Magistrates’ court’s order.
According to him, Obiechina and his wife were arrested on the reasonable suspicion that they engaged in kidnapping and murder.
He said Obiechina allegedly attempted to interfere with Police investigation by demobilising about nine trucks recovered from Evans.
He urged the court to dismiss the suit with substantial cost against Obiechina.
But, Justice Idris rejected the police’s arguments and held that the plaintiff was detained illegally.
Suspected kidnap kingpin, Chukwudumeme Onwuamadike. a. k.a Evans, faces second arraignment at an Igbosere High Court on Lagos Island amid watertight security.
More details later…
A Lagos High Court in Igbosere has adjourned till October 27 for the arraignment of suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, for attempted kidnap of the Chairman of The Young Shall Grow Motors, Vincent Amaechi Obianodo.
Justice Oluwatoyin Taiwo fixed the date following two applications by Evans seeking to quash the two charges and eleven counts filed against him by the Lagos State Government.
The defendant told the court that the fresh charges including murder, kidnapping and attempted murder brought against him were incompetent.
Through his counsel Olukoya Ogungbeje, Evans argued that the court had no jurisdiction to hear both charges, particularly as it relates to illegal possession of firearms, which is a federal offence.
The proposed charges, seen by The Nation, have four counts on one and seven counts on the other.
In the first charge, Evans and second defendant Victor Nonso Aduba are standing trial on four counts of conspiracy, kidnapping and unlawful possession of weapons.
In the other charge, he and three others are facing seven counts of conspiracy, attempted kidnapping, kidnapping, murder and attempted murder.
The second to fourth defendants are Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong.
According to the second charge, the state will call 12 witnesses – six civilians and six senior police officers – to testify against Evans and Aduba for the alleged attempted kidnap of Obianodo.
The prosecution also listed nine exhibits that it intends to tender, including four rifles, two pistols, bullet proof vests, among others.
In the first charge, Evans, Aduba and four others still at large were accused of conspiring and kidnapping Sylvanus Ahanonu Hafia at about 5:30pm on June 23, 2014 at Kara Street, Amuwo Odofin, Lagos.
They allegedly captured and detained Hafia and demanded a $2million ransom.
According to the prosecution, the attempted kidnap of Obianodo occurred at Festac town, Lagos. Obianodo was returning from work at about 9pm when gunmen, numbering five, who drove in a Sport Utility Vehicle intercepted him on 22 Road and opened fire.
His driver and one of his security details, a policeman, Ngozi Chijioke, were allegedly killed in in the process.
Evans and Aduba, who were brought to court amid heavy police presence in a green Nigerian Prison Service truck at 9:03am, were kept in the vehicle for a few minutes until the courtroom was opened.
When Justice Taiwo mounted the bench at 10:32am, the defendants were summoned to the dock.
But, before their charge could be read, Ogungbeje drew the court’s attention to his applications.
He said: “We have a pending motion on notice of October 19, 2017. The information filed by the prosecution was not served on us till this morning. However, we got wind that our client would be arraigned this morning. We had to move an application for the certified true copy of the information to enable us bring the necessary application. That is why we have filed a motion on notice seeking to quash the charge. It seeks to challenge the competence of the charge. “The prosecution in the circumstances has foisted an adjournment on this honourable court. I urge the court to grant us a short adjournment to enable us reply on point of law to this application.”
The application was brought pursuant to Section 55 of the Administration of Criminal Justice Law of Lagos State, 2015 and Sections 36 and 6 (6) (b) of the Constitution.
Ogungbeje argued that all 11 counts in both charges were “bad for duplicity, grossly defective, a gross abuse of court’s process and do not disclose a prima facie case” against Evans.
In particular, he claimed that counts 1, 2 and 3 in the first charge do not disclose any prima facie case as there is no evidence of death in the proof of evidence in the information filed by the prosecution.
Besides, he said counts 4 and 5 constitute a gross abuse of the court’s process as similar charges on the same offence of kidnapping had earlier been filed by the prosecution against his client in charge numbers; LD/5962/2017 and ID/5970/2017
In another instance, he said counts 6 and 7 of the charge were a gross abuse of court process as the same offence concerning firearms had earlier been filed by the prosecution in charge number LD/5962C/2017.
He claimed further that the Attorney-General of Lagos State had erroneously charged Evans with a Federal offence and under a Federal law, rather a state law.
However, in its counter-affidavit, the Lagos State Government contended that the charge numbers; LD/5962/2017 and ID/5970/2017, referred to by the applicant are separate and distinct from the new charges.
Director of Public Prosecutions (DPP) T. K. Shitta-Bey further argued that the second to fifth defendants in the new charge are not defendants in charge number; ID/5970C/2017.
She stated that apart from the confessional statements of Evans, arms and ammunitions were recovered from him and his alleged cohorts.
The DPP said the charges were valid and competent having satisfied the provisions of the relevant laws and that it has enough evidence to proceed against Evans
The prosecution further claimed that the application is vexatious and calculated to delay and frustrate the trial of Evans.
Counsel for other defendants, Mr Emmanuel Ochai and Mr Ogedi Ogu, however, did not object to the arraignment of the defendants.
In a bench ruling, Justice Taiwo said: “In view of the defendant’s application to have the motion heard before arraignment, the case is hereby adjourned till October 27 at 10am.”
Last August, Evans pleaded guilty to two counts of conspiracy and kidnapping, before an Ikeja High Court, Lagos.
Last Thursday, however, he changed his plea to not guilty.
Lagos state government Thursday re-arraigned notorious and billionaire kidnapper, Chukwudumeme Onwuamadike, a.k.a. Evans, before Justice Hakeem Oshodi of an Ikeja High Court for alleged kidnapping of one Dunu Donatus.
In the amended charge, the defendants are again facing a two count charge offence bordering on conspiracy and kidnapping against them.
Evans and co-defendants changed their guilty plea to not guilty after the amended charge was read to them.
Evans was re-arraigned alongside five other suspected members of his gang which included a woman, Ogechi Uchechukwu, the third defendant.
Others are Uche Amadi, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Chukwunonso Aduba, second, fourth, fifth and sixth defendants respectively.
They have been in Police custody since June 10.
In the former charge, the defendants were charged under Sections 411 and 271(3) Criminal Law Cap C17 Laws of Lagos State 2015.
Count one in the amended charge bordered on “Conspiracy to commit a felony to wit kidnapping contrary to Section 411, Kidnapping Criminal Law. Cap C17, Laws of Lagos State 2015”.
The second count bordered primarily on “Kidnapping contrary to Section 2(1) of the Kidnapping Prohibition Law, No 13, Laws of Lagos State 2017”.
According to the particulars of the offence, the defendants were alleged to have “conspired to commit a felony to wit Kidnapping” on February 14, 2017 at about 7.45 p.m. along Obokun Street, Ilupeju, Lagos.
They were also alleged to have sometimes between February 14 and April 12, 2017 along same street in Ilupeju “while armed with guns and other weapons capture and detain one Dunu Donatus against his will and collected a ransom of Euros 223,000.
Unlike the State Criminal Law 2015 which prescribed 21 years for convicts, the Kidnapping Prohibition Law, No 13, Laws of Lagos State 2017 prescribed death sentence if victims die in the custody of kidnappers.
At resumed proceedings yesterday, the prosecution led by the Director, Directorate of Public Prosecution (DPP), Titilayo Shitta-Bey informed the court that they have filed an amended charge against the defendants and served their counsels.
Shitta-Bey said they were ready to commence trial.
But the defence counsels opposed the prosecution saying that the prosecution served them the amended charge only yesterday morninh in court.
They prayed the court for adjournment to enable them confer with their clients and response to the amended charge.
They also told the court that they all have different applications pending before court which they argued will be overtaken by events if trial should commence.
The counsel to first and second defendants was Olukoya Ogungbeje, that of third defendant was Joseph Otogblu, Olanrewaju Ajanaku for the fourth defendants, A.A. Ozogbu for the fifth defendant while the sixth defendant was represented by Emmanuel Ochai.
However, counsel to fourth defendant, Olanrewaju Ajanaku differed and said he was ready for trial.
But the DPP in her response opposed the defence counsels.
Shitta-Bey urged the court to allow the charges to be read and for the defendants to take their fresh plea.
According to her, there was no material change in the nature of the charge against the defendants.
“The particulars of the offence are the same. Only the law in count two that deals with punishment of the offence is changed.
“The application for adjournment by the defence counsels before plea is taken is calculated to derail trial before the court”, she argued.
At this stage, Justice Oshodi stood the matter down for 45minutes to enable counsels confer with defendants.
On resumption, the court conducted a house screening of the various applications of defence counsels after which they were all struck out.
After this, all the defence counsels urged the court for adjournment to enable them respond to the amended charge served on them in court Thursday.
Justice Oshodi, citing section 36 of the Constitution granted their prayer and adjourned the matter till November 3 for trial.
Guilt-racked kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a Evans, on Thursday made a U-turn as he entered a plea of ‘not guilty’ as he was re-arraigned on a two-count amended charge of conspiracy and kidnapping at an Ikeja High Court.
Evans had at his arraignment on Aug. 30 plead guilty to the charges, while other alleged accomplices — Uche Amadi, Ogechi Uchechukwu, the only female defendant, Chilaka Ifeanyi and Victor Aduba denied committing the offences.
They were charged with the kidnap of Mr Donatius Duru on Aug. 30.
The punishment section in the second count of amended charge was changed from Section 271 (3) of the Criminal Law of Lagos State to Section 2(1) of the Kidnap Prohibition Law of the Laws of Lagos 2017.
According to the prosecution led by Ms. P.K. Shitta-bey, the State Director of Public Prosecutions (DPP), Evans and his accomplices committed the offence of conspiracy at 7.45 p.m. on Feb. 14 on Obokun Street, Ilupeju, Lagos.
The prosecution said the defendants between Feb. 14 and April 12 at Obokun Street, Ilupeju, while armed with guns and other dangerous weapons, captured and detained Duru.
The defendants allegedly collected a ransom of 223,000 euros for the release of Donatius.
Before the amended charges were read to the defendants, Mr Olukoya Ogungbeje, the counsel to Evans and Amadi had opposed the reading of the charges to them.
“On behalf of the first and second defendants, we were served with the amended charge this morning.
“My Lord, we had earlier filed an application and the learned prosecutor also filed us a counter-affidavit, My Lord, grant us a very short date to ‘confer’ with the first and second defendants about this amended charge.
“We intend bringing a motion after their plea, I urge your Lordship to grant us a very short date,” Ogungbeje pleaded.
Mr Joseph Otogbolu, counsel to Uchechukwu, Mr A.A Uzokwu, counsel to Ifeanyi and Mr Emmanuel Ochai, counsel to Aduba, all aligned with the submission of Ogungbeje and asked for an adjournment to ‘confer’ with the defendants.
Mr O. Ajanaku, counsel to Nwachukwu, however, did not oppose the reading of the amended charge to the defendants.
“I am not opposing the charges being read to the defendants, the only change in the charge is just the law and the punishment section.
“I am ready for the charge to be taken and to go on with the trial,” he said.
Shitta-bey, however, opposed the request for adjournment by the counsel to the defendants.
“I will be opposing the application for adjournment, the court should allow the charges to be read to them and their pleas taken.
“Section 155(1) of the Administration of Criminal Justice Law of Lagos State does not allow any formal application from the prosecution to amend charges.
“All the court needs to do is to take fresh pleas from the defendants,” he said.
The DPP also told the court that the state was ready to proceed with the trial and that three witnesses were already in court to testify.
Justice Hakeem Oshodi stood down the case for 45 minutes till 11.45 a.m. to enable the counsel ‘confer’ with the defendants.
Earlier, proceedings took an interesting turn when a dispute arose between Ogungbeje and Ajanaku after they had announced separate appearances to represent Nwachukwu, the fourth defendant.
“We are the counsel in record for the fourth defendant, if a new counsel in form of my legal colleague is coming into this matter, he should have filed the proper applications.”
Responding to Ogungbeje, Ajanaku said: “The last time this case came up, as a matter of expediency, my learned colleague appeared in court for some of the defendants in the case.
“Not too long ago, I was approached by the family of the fourth defendant to stand in for him which he can attest to.
“This is a criminal matter, if my learned friend is offended I apologise; I approached him this morning in court as I don’t know his address.”
In resolving the issue, Justice Oshodi told the court that Nwachukwu should be asked who is his counsel of choice because under the law, a defendant in criminal matters is entitled to a counsel of his choice.
When asked who was his preferred counsel, Nwachukwu said “It is Ajanaku.”
When the court resumed after the stand-down, the charges were read to the defendants and their pleas were taken.
Justice Oshodi adjourned the case until Nov. 3 to enable the defence to prepare for trial.
NAN
Justice Abdulazeez Anka of the Federal High Court, Lagos on Wednesday declined to hear a fundamental rights suit filed by the suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans.
Evans is seeking N300 million damages for his illegal detention.
Anka said that the case file would be returned to the Administrative Judge for a further directive.
The judge had earlier heard the case during the court’s long vacation and had adjourned until Aug. 29 for judgment after parties argued it and adopted their addresses on Aug.16.
But the police through its counsel Mr David Igbodo said another lawyer, Mr Henry Obiazi, who represented the Inspector-General of Police (IGP) and the Nigeria Police when the case was heard did so without authorization.
The police prayed the court to set aside all the purported arguments made by Obiazi and to set aside the ruling it delivered on Aug. 16 in which he adjourned for judgment.
When the case came up before another judge, Justice Chuka Obiozor during the long vacation, he held that the case was no longer urgent.
Obiozor then returned the file to the Chief Judge, Justice Adamu Kafarati for re-assignment to another judge.
The case was subsequently re-assigned to Justice Babs Kuewemi.
However, Evans’ lawyer, Olukoya Ogungbeje wrote the chief judge informing him that Anka had already adjourned the case for judgment.
Based on the letter, the case was again returned to Anka.
When the case came up before Anka on Wednesday, he expressed displeasure that the case was returned to him when the issue of judgment had been overtaken by events.
The judge said that since the police had filed other applications, the earlier adjournment for judgment had become void.
Anka added that even if he had written the judgment earlier, it meant that a new one would be written.
Police Counsel Chukwu Agwu accused Ogungbeje of “smuggling” the case file back to Anka’s court.
“The case was re-assigned to Justice Kuewumi. How my learned colleague smuggled this case to this court is baffling.
“He did not avail us with a copy of his letter to the chief judge, otherwise we would have reacted,” he said.
But Ogungbeje said his letter was on the premise that since a judgment had already been fixed, it could be delivered by Anka after entertaining the late applications filed by the police.
Meanwhile, Anka held that it was not factual to say that judgment had been reserved “when its not’’.
He said that the court was obliged to hear the fresh applications by the police.
The judge said the case was not adjourned for judgment but for hearing, adding that Ogungbeje’s claim that the case was for judgment was not the true position.
During the ruling, he said: “the case was made for a hearing of the motion of first and second respondents.
“The court shall, therefore, cause a letter to be written to the Administrative Judge to explain the true position of the case, which is for further hearing and not judgment.
“Parties shall, therefore, await the decision of the Admin Judge, either to re-assign the case or for this court to maintain the case in its cause list.”
Evans has since been arraigned before Justice Hakeem Oshodi of the Lagos State High Court.
While Evans and two others pleaded guilty to the charges, the remaining defendants pleaded not guilty.
The prosecution said that the defendants between Feb. 14 and April 12, on Obokun Street, Ilupeju, Lagos, armed with guns and other dangerous weapons captured and detained Duru Donatus.
It said that the defendants allegedly collected a ransom of 223,000 Euros to release Donatus.
In his fundamental rights suit, Evans is claiming N300 million against the police as damages for alleged illegal detention and rights violation.
The Federal High Court in Lagos Thursday awarded a punitive cost of N20,000 against a lawyer, Mr Olukoya Ogungbeje, who represents suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans, for being absent.
A fundamental rights case filed by Evans was billed to be heard before Justice Abdulazeez Anka, but the lawyer wrote the court a letter saying he took ill.
Ogungbeje apologised for his absence and urged the court to adjourn the case to another date.
But, a lawyer who represented the Commissioner of Police in Lagos, Mr Emmanuel Eze, opposed Ogungbeje’s application for an adjournment.
He said the applicant’s lawyer did not inform the police that he would be absent; adding that any other lawyer from Ogungbeje’s office could have come to represent Evans.
According to him, it was an “affront” to the court for Ogungbeje not to send another lawyer to stand in for him.
“In view of this, we are of the view that the applicant’s counsel is most unserious with this application. We, therefore, ask for a punitive cost of N100, 000 against the applicant and his counsel,” he said.
Ruling, Justice Anka awarded N20,000 cost against Ogungbeje, which he said must be paid before the next adjourned date otherwise the case would not be heard.
He held: “Counsel wrote a letter seeking for an adjournment without copying the prosecution. This, to me, is unprofessional. The court hereby warns counsel to desist from such type of practice.”
The judge said the facts before him shows that the applicant was still in police custody.
“In the circumstances, cost is awarded in the sum of N20, 000 against counsel to the applicant to be paid on or before the next adjourned date or counsel shall not be heard,” Justice Anka said.
The judge sits during the court’s long vacation and hears only urgent motions and cases bordering on human rights violations. The nine-week vacation will end on September 8.
Evans sued the Inspector-General of Police over alleged violation of his fundamental rights.
He is praying the court to compel the police to charge him to court or to release him unconditionally rather than detaining him indefinitely since June 10.
Evans is also demanding N300million damages and an apology for the alleged violation of his rights, adding that his continued detention without trial was illegal and violated sections 35 and 36 of the 1999 Constitution. .
The Nigeria Police Force, Lagos Commissioner of Police, Special Anti-Robbery Squad and the Lagos State Police Command are the other respondents.
Evan’s father, Stephen Onwuamadike, said in a supporting affidavit that since his son’s arrest, all his family members were allegedly denied access to him except newsmen.
An Assistant Commissioner of Police, Abba Kyari, said Evans’ detention was to allow for thorough investigation.
“All those who want Evans released did not know that the police had obtained a 90-day warrant to detain him,” said Kyari, who led a special squad that smashed Evans’ gang.
Evans had also reportedly denied instructing any lawyer to file a suit on his behalf.
“I have no hand in any case filed against the police and I did not speak with any lawyer or my father to file a case on my behalf,” he was quoted as saying in a television interview.
Ogungbeje, however, told our correspondent that he was instructed by Evans’ family to file the suit.
The lawyer said Evans’ father was personally in court to depose to an affidavit in support of the case.
Justice Anka adjourned until July 20 for hearing.
•‘Interpol probing suspects’ activities in Ghana, South Africa’
The rate of kidnapping has dropped following the arrest of Chukwudumeme Onwuamadike (a.k.a Evans), police said at the weekend.
Police spokesman Moshood Jimoh, who spoke with The Nation in Abuja, said the International Police (Interpol) was investigating Evans’ activities.
He said: “When we paraded him (Evans) in Lagos, I told the public that the arrest of Evans marked the beginning of the end for kidnapping.
“Since that day, the rate of kidnapping has seriously gone down and that shows that we were able to hit the right target.
“As for keeping him (in custody), we have been able to secure three months’ remand warrant from the Federal High Court, Abuja to enable us to round off our investigations.
“At present, the contacts and crimes he committed in other countries, including Ghana and South Africa, are of interest.
“We have series of complaints that border on murder, several kidnappings and armed robberies against him and these are all capital offences that are not bailable at the level of the police.
“They are not even ordinarily bailable in the courts.”
Jimoh said Evans’ detention was justifiable and there would be no need to rush his case and make mistakes that would disappoint Nigerians.
“In his alleged offences, the lives of Nigerians were at stake and we must be able to get everything to ensure that we don’t lose the case in the courts.
“For any sensible police force, it won’t be appropriate to rush to court in a complex case like this because the investigation is a scientific approach to actually situate a suspect at the scene of a crime and convince the court that this is the person that did this and that.
“That is why it is important that we are meticulous in putting details together and explaining how someone committed atrocities such that at the end of the day, Nigerians will be happy with us if the suspect is convicted of all the offences he committed alongside other members of his gang.
“Nigerians will not be happy with us if we rush to court and lose the case on mere technicalities.
“We are mindful of that as well as his fundamental human rights. That is why we approached the courts for a three-month remand warrant to keep him in police custody,” Jimoh explained.
He stated that Nigeria’s membership of Interpol and its platform’s responsibilities necessitate active collaboration on the Evans case and the investigation of associated issues.
“We are very active on the platform of Interpol. If you can recall, it was revealed that he (Evans) has a Ghanaian international passport and the passport is still very valid.
“There are clear indications of the level of criminality that goes across the border.
“So, we will do what is just in that circumstance and after completing investigations, we will be able to know where we will share experience and ideas with various jurisdictions involved and we will all know how to deal with the matter.
“Yes, Interpol is already fully involved and we are all out to do a thorough job and it is in the interest of the public because such high-level suspects should not continue walking the streets and committing such atrocities.
“We hope to ensure that the cause of justice is served at the end of the day,” Jimoh said.