The Nation Newspaper

Tag: Evans’ trial

  • Again, lawyer’s absence stalls Evans’ trial

    For the second time in 30 days, the trial of suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, failed to go on at a Lagos High Court in Igbosere on Friday, following the absence of a defence counsel.

    Evans’ lawyer, Chino Obiagwu SAN, did not make an appearance but sent a letter informing Justice Adedayo Akintoye of his absence.

    No member of Evans’ legal team, including Olanrewaju Ajanaku, was present.

    Consequently, the judge adjourned till March 22 at 10am for address by counsel for trial within trial.

    The adjournment, the second consecutively, followed that of January 31, foisted on the court by the non-appearance of another defence counsel, Emmanuel Ochai, following which the judge adjourned till yesterday.

    At the commencement of proceedings yesterday, prosecution counsel, Y. G. Oshoala drew the court’s attention to the absence of Evans’ counsel and Ochai’s January 31st abstention.

    “This is not the first time such is happening. The Supreme Court stated that the court is not a slave of time that must wait for a party to come and present his case. We submit that the court cannot wait for them,” Oshoala said.

    He directed the court’s mind to the need to do justice to all parties,” the state, the defendant, the public.”

    But making an order for adjournment, Justice Akintoye said: “I’ve noted your observation. I’ll give them the benefit of the doubt because the defence counsel is a Senior Advocate of Nigeria (SAN). I assume he is not just wasting the time of the court.”

    The judge made the same order in a sister case involving Evans.

    Read Also: Court rejects Evans’ claim of torture by Police

    Evans is facing two separate charges, bordering on conspiracy to kidnap, kidnapping and attempted murder, before Justice Akintoye.

    In the first charge, he is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    The four were arraigned last June 26 following the dismissal of Evans’ objection to a five-count charge of conspiracy, kidnapping and attempted murder, preferred against them by the Lagos State Government.

    The defendants and others at large allegedly committed the offences on September 7, 2015, at Seventh Avenue, Festac Town, Lagos.

    The allegedly conspired and kidnapped Chief James Uduji, obtained a ransom of $1.2million and shot him on the shoulder while trying to kill him.

    In the second charge, he is joined on trial with Joseph Emeka, Linus Okpara and Victor Aduba.

  • Evans’ trial stalled as witness gets accident

    A prosecution witness, Inspector Idowu Haruna, scheduled to testify in the trial of a suspected billionaire kidnapper, Chukwudumeme Onwuamadike aka Evans, was yesterday reported to be involved in an accident.

    State prosecuting counsel Adebayo Haroun, who disclosed this before Justice Oluwatoyin Taiwo of an Ikeja Special Offence Court, explained that the development was the reason the police officer was absent in court.

    The development stalled proceedings in the charges preferred against Evans and three other members of his gang for allegedly shooting the Young Shall Grow Motors (YSG), Chairman, Chief Obianuju Vincent and killing of two of his escorts, before Justice Taiwo.

    Evans and three co-defendants, Joseph Ikenna Emeka, 29, Chiemeka Arinze, 39, and Udeme Frank Upong, 43, are facing a seven-count charge of murder, attempted murder, conspiracy to kidnap and selling of firearms.

    Although details of the accident were not stated, Haroun told the court that the witness sent an SMS informing him of his current predicament.

    “My lord, our first prosecution witness is not present in court today. He is not in court because he had a slight accident.

    “He sent me an SMS saying he was involved in an accident and therefore cannot make it for today’s proceedings. We craved the indulgence of the court to grant another date for trial.”

    At the last proceeding, Inspector Haruna had told the court that Evans shot Chief Obianuju in his right arm while attempting to kidnap him. He said his driver, Peter Nweke and an escort, Chijoke Ngozi, were shot dead during a gun duel between the police escorts and the gang.

    Three of the kidnappers were also shot dead by Inspector Solomon Igwe, while the rest fled.

    In a related development, the defence team of the suspected kidnap kingpin, led by Olanrewaju Ajanaku, failed to serve copies of their final written address on the prosecution for the trial-within-trial on the admissibility of the alleged ‘confessional statement’ of Evans.

    The development stalled proceedings in another charge against Evans and Victor Aduba, a dismissed officer of the Army, before same court.

    Haroun had complained that a copy of the final written address by Mr. Emmanuel Ochai, counsel to Aduba, was also served on his team late yesterday.

    He said that of Evans, the first defendant, had not been served on them.

    Responding, Evans‘ counsel, Ajanaku, said his inability to file the documents was as a result of a ‘mix up.’

    He assured the prosecution that the defence final written address would get to them between yesterday and today.

    Evans and Aduba are facing a four-count charge of kidnapping and unlawful possession of firearms.

    They were alleged to have kidnapped Mr. Sylvanus Ahamonu, holding him hostage for nine weeks and collecting $420,000 ransom from his family.

    The defence had claimed in the on-going trial-within-trial that their alleged confessional statements were obtained by coercion by members of the Inspector-General of Police (IGP) Intelligence Response Team.

    Justice Taiwo adjourned the two cases till February 6.

     

  • Evans’ trial stalled by absence of defence witnesses

    The absence of defence witnesses, yesterday, stalled the trial of alleged billionaire kidnap kingpin Chukwudumeme Onwuamadike a.k.a Evans at an Ikeja High Court.

    The trial judge, Justice Hakeem Oshodi, had at last hearing, fixed yesterday for continuation of the suspect’s trial to determine whether or not his confessional statement was voluntarily made to the police, following his arrest.

    Evans is facing trial alongside six others on a two-count charge of conspiracy and  kidnapping brought against them by the Lagos state government before Justice Hakeem Oshodi.

    The other defendants are Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba. They all pleaded ‘not guilt’y to the charges.

    At the resumed proceedings, yesterday, Evans’ counsel, Olanrewaju Ajanaku, told the court that their witnesses were not in court and prayed the court for short adjournment. The prosecution, led by the Director, Directorate of Public Prosecution (DPP), Titilayo Shitta-Bay, did not oppose the request.

    Justice Oshodi, therefore, adjourned the case till December 7, 2018, for adoption of their written address in respect of trial within trial with the consent of counsel to parties in the suit.

    Read also: Evans: police hid me from Falana in toilet

    Evans, had at the last proceedings, October 26, testified about how he was allegedly tortured by members of Inspector General of Police (IGP) Intelligence Response Team and the Special Anti-Robbery Squad (SARS).

    Led in defence by his counsel, Ajanaku, Evans claimed to have been tortured and made to witness the execution of more than 30 persons while being interrogated at the back of the guest house of the Inspector General of Police (IGP) at Onikan.

    “They took me to the backyard of the I.G’s guest house. I sustained injuries on my head and body and Mr Phillip asked the policemen to walk on me and when I started bleeding, he said, ‘you think we are joking here?’

    “At the backyard, I saw some people that I was paraded with, they were wearing leg chains, some of them had bullet wounds on their legs and Mr Phillip ordered Idowu Haruna to bring a big brown cellotape, handkerchief and polybags.

    “Idowu Haruna forced a handkerchief into the mouth of one of them, he used the cellotape to tape his mouth and face, and put a polybag over his head and cellotaped it and used another poly bag and cellotaped it for the second time and they left the man on the ground.

    “The man on the ground was shaking, he pissed (urinated) on his body, he poo pooed (defecated) on his body and after a while he went quiet.

    “Idowu Haruna went to the man and stepped on his body and he was unresponsive and he told me, can you see I have travelled him.”

    Under cross examination by the prosecution, Ms Shitta-Bay, Evan contended, “The story I told the court was never an afterthought, SARS killed more than 30 people in my presence, the killings took place at the I.G’s guesthouse in Ikoyi.”

  • Witness’ absence stalls Evans’ trial

    A Lagos High Court yesterday adjourned till today trial of kidnap suspect, Chukwudumeme Onwuamadike alias Evans, following the absence of a prosecution witness.

    Justice Adedayo Akintoye adjourned the case after the prosecutor, Adebayo Haroun, promised that the witness, a police inspector, would be available to testify today.

    Haroun said the inspector was elsewhere on official assignment.

    “The witness is on another assignment. But he will be here tomorrow (today),” he said.

    Evans is facing two separate charges of conspiracy to kidnap, kidnapping and attempted murder.

    In the first charge, he is standing trial with Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    In the second, he is being tried with Joseph Emeka, Linus Okpara and Victor Aduba.

    Both cases were adjourned till today.

    Evans is also facing two other charges before Justice Oluwatoyin Taiwo, and another one before Justice Hakeem Oshodi.

    In one of the two charges before Justice Taiwo, the Lagos State Directorate of Public Prosecutions (DPP) accused Evans and three others of killing two persons in their failed attempt to kidnap the Chairman of Young Shall Grow Motors, Obianodo Vincent.

    The operation was said to have been carried out by the defendants around 11pm on August 27, 2013 on Third Avenue, FESTAC Town, Lagos.

    Charged with Evans are Joseph Emeka, Chiemeka Arinze and Udeme Upong.

    The seven counts against them are of attempted murder, murder, kidnapping and illegal firearms deal.

    In the second charge, Evans, Aduba and four others still at large, are accused of conspiring to kidnap Sylvanus Hafia around 5.30pm on June 23, 2014 at Kara Street, Amuwo Odofin, Lagos.

    The prosecution alleged that they captured and detained Hafia and demanded a $2million ransom from his family.

    In the fifth charge before Justice Oshodi, Evans is standing trial with Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba.

    The six were arraigned on August 30, 2017, on two counts of conspiracy and kidnapping of the Chief Executive Officer of Maydon Pharmaceuticals Limited, Donatus Dunu, from whose family they allegedly collected €223,000 as ransom.

    Evans and his co-defendants pleaded not guilty.

    They have been in custody since August 30, 2017, when they were first arraigned.

  • Judge angry over delay in Evans’ trial

    Justice Hakeem Oshodi of the Ikeja High Court yesterday expressed displeasure over the slow pace of kidnap suspect Chukwudumeme Onwuamadike aka Evans trial, warning that such delay will no longer be tolerated.

    He gave the warning during a 30-minute verbal exchange with Mr Chinonye Obiagwu, Evans’ new counsel, who prayed for an adjournment to study the case file.

    The News Agency of Nigeria (NAN) reports that Obiagwu is one of the 31 shortlisted Senior Advocates of Nigeria (SANs) who will be inducted at the Supreme Court on September 24.

    Justice Oshodi said: “I cannot come from home during vacation to be told that the matter will not go on for one excuse or the other.

    “Counsel should desist from filing applications targeting at stalling trial, parties must get their witnesses ready, so that justice will be served within a reasonable time frame.”

    Before now, Evans’ had hired two defence counsel; Mr Olukoya Ogungbeje and Mr Noel Brown to represent him.

    The changes in defence counsel delayed in the trial.

    Proceedings were adjourned on June 26 when Brown took over from Ogungbeje who was Evans’ first defence counsel.

    Evans is standing trial with Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba.

    They were arraigned on August 30, 2017 on a two-count charge of conspiracy and kidnapping of the Chief Executive Officer of Maydon Pharmaceutical Limited, Donatus Dunu, from whose family they allegedly collected 223,000 Euro (N100m) as ransom.

    Evans and his co-defendants pleaded not guilty.

    Earlier during proceedings, a witness, Inspector Idowu Haruna of the Intelligence Response Team, had told the court how the accused were arrested.

    Haruna, led in evidence by Mr Adebayo Haroun, the prosecutor, said the defendants statements were not obtained under duress but rather in a conducive environment.

    The prosecutor urged the court to admit the statements as evidence but, Obiagwu objected, saying they were obtained under duress. Justice Oshodi ordered a trial-within-trial.

    During the trial-within-trial, Haruna said when Dunu, escaped from the kidnappers den, he was brought to the Anti-Kidnapping Department, Ikeja and subsequently taken to the then Lagos State Police Commissioner, Fatai Owoseni.

    “Owoseni then ordered a team to move to the defendants hideout at Igando, a suburb of Lagos. On getting to the house, the abductors had fled the scene with their little possessions but the police team found some ammunition in the house which the defendants left behind,” he said.

    Haruna said under interrogation, Evans alleged that some army officers were working for him.

    “Whenever they were going on their operation, they put on army uniform to camouflage as army officers and disguise in order to deceive their prey.

    “Two army officers involved were later arrested and taken before their superiors at Abaiti Barracks for disciplinary action.

    “They were dismissed and taken back to the police for further disciplinary action,” Haruna said.

    The case continues on October 26.