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Tag: Olukoya Ogungbeje

Alleged property seizure: Court strikes out Evans’s N1bn suit against police

A Federal High Court in Lagos on Monday struck out a fundamental rights enforcement suit filed by alleged kidnap kingpin, Chukwudumeme Onwamadike (a.k.a Evans), against the police over seizure of his property.

Justice Mojisola Olatoregun held that the court lacked the jurisdiction to entertain the case.

She said that the suit ought to have been filed before a Lagos State High Court where the applicant was facing charges of kidnapping.

The News Agency of Nigeria reports that Evans, through his counsel, Mr Olukoya Ogungbeje, filed the suit in June 2018 and joined as respondents, the Inspector-General of Police (I-G), the Nigeria Police and I-G’s Intelligence Response Team.

The applicant prayed the court to declare that alleged forceful seizure of his property by the respondents without any court order was illegal and unconstitutional.

He listed some of the property as N500 million, another N500 million, two residential houses located at Magodo, Lagos State, a Brigade wristwatch worth 20,000 dollars, necklaces worth 25,000 dollars and five pieces of diamond rings.

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

Also listed are one Lexus 470, a Grand Cherokee, a Toyota Highlander, 85 Samsung television sets, 45KVA generator, 22KVA generator, 20KVA inverter worth N10 million and five sets of freezers.

The applicant had sought an order compelling the respondents to unconditionally release the property.

Evans had also asked the court for an order compelling the respondents to unconditionally unseal and vacate without delay, the two residential houses located at Magodo.

The judge noted that the respondents did not file any defence in spite of being served hearing notices.

She held that when confronted with a claim under the fundamental rights enforcement procedure, it would be important for the court to critically look at the reliefs sought.

According to her, the main issue to be decided is whether the plaintiff’s claim constitutes a violation of his rights under the Fundamental Human Rights (Enforcement Procedure), adding that the right to own property cannot be denied except for due process of the law.

She held that the applicant failed to show that, within the circumstances of his arrest, the property were forcefully seized.

“The only conclusion I can draw is that the property was taken consequent upon his trial for kidnapping before the Lagos State High Court.

According to the judge, although federal and state high court had concurrent jurisdiction, the instant case ought to have been taken to the court where the defendant is facing trial for kidnapping.

“This court must be careful not to interfere with due process of the ongoing trial of the applicant before the Lagos State High Court.

“This court lacks the jurisdiction to entertain this case; same is hereby struck out,’’ she held.

NAN reports that other prayers sought by Evans include an order compelling the respondents to apologise to him and pay him N1 billion as damages for the alleged forceful seizure of his property.

He had also sought an order of perpetual injunction restraining the respondents from taking any action against him or any of his property in relation to this case.

February 4, 2019
Evans abandoned as lawyer withdraws from kidnap cases

Suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a Evans, has no lawyer to handle his criminal and civil matters for now.

His former counsel, Olukoya Ogungbeje, yesterday withdrew his representation,citing ‘personal reasons’.

Ogungbeje had represented Evans in his multiple kidnapping, murder and attempted murder trials at the Lagos High Court and two civil suits at the Federal High Court in Lagos.

The lawyer,in a June 13 letter, claimed that he and his colleagues in the matter had been receiving threats to their lives.

He said: “For the avoidance of doubt, we wish to state categorically that we have fought a good fight this far despite repeated and sustained threats to my life and my defence lawyers.

“I dare say we have no regrets whatsoever having conducted the criminal charges involving our client this far.

Read Also:I paid €233,000 to Evans for my boss’ release, witness tells court

“For the sake of history, we have been able to enrich the basic principles of our criminal jurisprudence, especially the principle premised on ‘an accused person being presumed innocent until the contrary is proved’ no matter the public opinion and criticism”.

Ogungbeje also claimed that his team kept the Lagos State Prosecution team on its toes in the art of forensic, proper and thorough investigation and prosecution of the accused persons.

Evans was arrested on June 10, 2017 in his Magodo, Lagos mansion.

He is currently facing five criminal charges before three Lagos High Court judges, Justice Hakeem Oshodi, Justice Oluwatoyin Taiwo and Justice Adedayo Akintoye.

In the case before Justice Hakeem Oshodi which is expected to resume on June 22, Evans, Uche Amadi, Ogechi Uchechukwu, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Aduba are facing a two-count of conspiracy and kidnapping of one Mr. Donatus Dunu who was the last victim allegedly kidnapped by the group before their arrest in June 2017.

June 16, 2018
Court dismisses Evans N200m suit over seized trucks

The Federal High Court in Lagos on Monday dismissed a suit by suspected millionaire kidnapper, Chukwudumeme Onwuamadike (alias Evans), seeking the release of his seized 25 Mack trucks.

Through his lawyer Olukoya Ogungbeje, Evans said the trucks were seized without a court order.

Justice Rabiu Hadiza Shagari held that the suit lacked merit.

Ogungbeje had argued that the police forcefully confiscated the trucks from Evans last June 15 without any court order.

He prayed the court to award N200million as general and exemplary damages against the Police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.

But, the Police urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.

In a counter-affidavit, the deponent Inspector Haruna Idowu said he was on the team that investigated Evans’ case.

He said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.

He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.

“The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states of Nigeria with his various gang members.

“The applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition was recovered from the applicant during his arrest.

“The applicant had purchased various properties with proceeds of armed robbery and kidnapping.

“The applicant purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.

“The trucks recovered are proceeds of crime which are preserved and kept as exhibits to be tendered in the ongoing criminal prosecution of the application at the High Court of Lagos State,” Idowu said.

Justice Shagari held that the law empowers the Police to seize assets in the course of their investigation in such cases.

According to her, by the provisions of the 1999 Constitution and the Administration of Criminal Justice Act (ACJA) 2015, the Police have the right to seize and confiscate any items or properties as exhibits in a criminal case.

The judge said the court could not stop the Police or other security agencies from carrying out their constitutional duties.

May 7, 2018
Evans counsel frustrating trial – DPP

The Lagos State Directorate of Public Prosecution (DPP) on Thursday accused Olukoya Ogungbeje, counsel to suspected billionaire kidnaper, Chukwudumeme Onwuamadike a.k.a. Evans, of attempting to frustrate the trial.

The Director of Public Prosecution (DPP), Ms Titilayo Shitta-Bey, stated this while responding to Ogungbeje’s application seeking to quash the charges against Evans.

Evans and three others are facing seven- count charge of conspiracy, attempted kidnapping, kiddnapping, murder and attempted murder contrary to Section 411 Criminal Law Cap C 17, Vol 13, Section 271 (3) and Section 230 (A) Cap C17, of the Criminal Law of Lagos State, 2015.

The second to fourth defendants are – Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong.

“The fresh application filed by the 1st defendant’s counsel contains the same elements as the former application which the court had ruled on. This fresh application is just a ploy to derail and frustrate the trial, “Shitta-Bey said.

However, Ogungbeje responded, saying “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.”

He expressed displeasure at issues raised by the prosecution, accusing him of trying to stall the trial.

He maintained that the basis of his applications before the court is on the procedure applied by the prosecution in filing the charges against his client.

At this stage, the Justice Oluwatoyin Taiwo asked Ogungbeje what he wanted, remarking that one day trial will commence in the matter.

“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.

February 15, 2018
Police kick as Evans files N200m suit over seized trucks

Suspected millionaire kidnapper, Chukwudumeme Onwuamadike (alias Evans), has urged the Federal High Court in Lagos to order the release of his seized 25 Mack trucks.

Through his lawyer Olukoya Ogungbeje, Evans said the trucks were seized without a court order.

The lawyer said the police forcefully confiscated the trucks from Evans last June 15 without any court order.

But, the police have urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.

Ogungbeje wants the court to award N200 million as general and exemplary damages against the police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.

But, in a counter-affidavit, the deponent Inspector Haruna Idowu, said he was on the team that investigated Evans’ case.

He said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.

He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.

“The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states with his various gang members.

“The applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition were recovered from the applicant during his arrest.

“The applicant had purchased various properties with proceeds of armed robbery and kidnapping.

“The applicant purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.

“The trucks recovered are proceeds of crime which are preserved and kept as exhibits to be tendered in the ongoing criminal prosecution of the application at the High Court of Lagos State,” Idowu said.

Justice Rabiu Hadizat Shagari adjourned till April 17.

January 26, 2018
Police kick as Evans files fresh N200m suit over seized trucks

Suspected millionaire kidnapper, Chukwudumeme Onwuamadike (alias Evans), has urged the Federal High Court in Lagos to order the release of his seized 25 Mack trucks.

Through his lawyer Olukoya Ogungbeje, Evans said the trucks were seized without a court order.

The lawyer said the police forcefully confiscated the trucks from Evans last June 15 without any court order.

But, the Police have urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.

Ogungbeje wants the court to award N200million as general and exemplary damages against the Police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.

But, in a counter-affidavit, the deponent Inspector Haruna Idowu, said he was on the team that investigated Evans’ case.

He said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.

He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.

“The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states of Nigeria with his various gang members.

“The applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition were recovered from the applicant during his arrest.

“The applicant had purchased various properties with proceeds of armed robbery and kidnapping.

“The applicant purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.

“The trucks recovered are proceeds of crime which are preserved and kept as exhibits to be tendered in the ongoing criminal prosecution of the application at the High Court of Lagos State,” Idowu said.

Justice Rabiu Hadizat Shagari adjourned till April 17.

January 25, 2018
Evans: Court adjourns continuation of trial to March 2

The trial Chukwudumeme Onwuamadike a.k.a Evans, and his alleged accomplices, was on Friday adjourned until March 2, an Ikeja High Court has ruled.

The trial was adjourned due partly to the fact that Okwuchukwu Nwachukwu, a co-defendant, had yet to secure legal representation.

Mr Anselm Dunu, the brother of Mr Donatius Dunu, a victim, was scheduled to be cross-examined on Friday by the defence counsel.

He was, however, not fully cross-examined by the defence because of the absence of Nwachukwu’s lawyer.

Evans and Nwachukwu are standing trial alongside Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi and Victor Aduba on a two-count charge of conspiracy and kidnapping.

During Friday’s proceedings, Justice Hakeem Oshodi, the judge inquired from Nwachukwu (the fourth defendant),why he did not have a legal representation.

“My Lord, we are still making arrangements for a lawyer,” he said.

Registering her displeasure, Ms Titilayo Shitta-Bey, the State Director of Public Prosecutions (DPP), urged the court to proceed with the trial, noting that it was a ploy by the defence to delay proceedings.

She said: “On the last adjourned date which was Nov. 17, 2017, this court inquired from the fourth defendant on how long it will take for him to engage a counsel to represent him in this matter and he requested for two weeks.

“Here we are in Jan. 19, 2018, still no legal representation.

“My learned friend, Mr Olukoya Ogungbeje, who appeared for the first and second defendants, had previously announced his appearance for the fourth defendant.

“He thereafter withdrew his appearance on the grounds that the fourth defendant was yet to perfect his brief.

“Section 36 of the 1999 Constitution provides that a defendant is entitled to counsel of his choice and he can also represent himself if he so wishes.”

According to Shitta-Bey, there is a Supreme Court pronouncement on the matter of delays or where there is a deliberate attempt to delay proceedings in court.

“The duty of the court is to assert its control over proceedings and not to permit either of the parties to impose a state of helplessness on the court.

“Where a party has been given ample opportunity by the court to secure representation, the court cannot wait forever or delay proceedings forever.

“The court can assign a counsel to take up the defence of the defendant,” she told the court.

The DPP also submitted that a speedy trial is fundamental in the speedy dispensation of justice and noted that Ogungbeje could represent Nwachukwu and commence the cross-examination of Dunu.

Ogungbeje, however denied trying to delay the trial, saying the family of Nwachukwu met us and they promised that they will perfect our brief in a week or two.

“In the circumstance, I will like to say that it is not the fourth defendant’s (Nwachukwu) fault that he did not have a counsel; his new counsel, Mr Olanrewaju Ajanaku, withdrew from the case.”

Justice Hakeem Oshodi ordered that the defence counsel present in court should cross-examine Dunu.

Dunu, while being cross-examined by Ogungbeje, told the court that he did not know the persons who were given the N100 million ransom for his brother’s release.

“I spoke to some unknown voices, I don’t know if the voices belong to the first and second defendants (Evans and Amadi).

“I did not hand over the ransom, I did not know the persons the ransom was given to, but I know the person who gave the instructions of whom the money should be given to.

“The strange voices told me what to do in order to release my brother, I only met the first and second defendants for the first time in the office of the Inspector-General of Police.

“I made my statement to the police sometime in June but I did not mention the names of the first and second defendant because I did not know their names then.

“In my statement, I said I did not suspect anyone in the kidnap of my brother. The voices I spoke to during the ransom negotiations were muffled,” he said.

NAN reports that on Nov. 3, 2017 Dunu had in his examination-in- Chief told the court that the defendants had demanded one million Euros as ransom for the release of his younger brother,
Mr Donatius Dunu.

Donatius was kidnapped on Feb. 14, 2017 along Obokun Road, Ilupeju, Lagos and his family reportedly paid N100 million ransom to secure his release.

After Dunu left the witness box, Mr Emmanuel Uchai, a defence counsel for Aduba, one of Evan’s co-defendants, applied orally for his bail.

“I am seeking an order for the bail for the sixth defendant (Aduba). The bedrock of the criminal justice system is the assumption of innocence subject to the discretionary powers of the court.

“There is nothing linking the sixth defendant to the kidnap of Donatius Dunu, he has no prior criminal record.

“The prosecution argued that some members of the gang are still at large but there is nothing in the charge before the court that suggests it.

“I wish to appeal that the sixth defendant be granted bail on liberal terms which can allow him attend trial and not punish him,” he said.

Objecting to the application, Shitta-Bey told the court that she had a 15-page counter-affidavit and a written address to that effect.

Citing the Supreme Court case of Asari Dokubo Vs the Federal Republic of Nigeria, the DPP said that Aduba should be denied bail in the interest of the public.

“This is a serious offence and it is not going to guarantee the peace and tranquility of the society and there is no material evidence before the court guaranteeing this.

“I pray the court to refuse the defendant’s bail and dismiss this bail application,” she said.

Justice Oshodi adjourned the case until March 2 for ruling on the bail application and the cross-examination of Dunu.

NAN

January 19, 2018
Evans: I didn’t kidnap, demand $2m ransom

Suspected billionaire kidnap kingpin Chukwudumeme Onwuamadike alias Evans Friday denied allegations of kidnapping and making of a demand of a $2 million ransom made against him by the Lagos State Government.

Evans and his co-defendant, Victor Nonso Aduba, pleaded not guilty to the four-count charge of conspiracy, kidnapping and unlawful possession of weapons.

They 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.

The duo was arraigned after two applications by Evans counsel Olukoya Ogungbeje to quash the charge was dismmissed by Justice Oluwatoyin Taiwo.

The first defendant, through Ogungbeje, had challenged the court’s jurisdiction, competence of the charge and the prosection’s alleged lack of fiat to prosecute the case.

But, dismissing his contention yesterday, the court ruled, among others, that the proof of evidence attached by the prosecution made out a prima facie case against Evans and Aduba.

Justice Taiwo held: “I have read the proof of evidence. The court is the view that there is sufficient reason to proceed. It is immaterial that the first defendant has indicated interest to withdraw his confessional statement. I find that this court has jurisdiction to try the charges. I find that the application is misconceived and lacks merit. This application is subsequently dismissed.”

However, Evans’ counsel Olukoya Ogungbeje informed the court of his intention to test the decision at the Court of Appeal.

The state’s attempt to arraign Evans and three others on a second charge bordering on the attempted murder of the Chairman of The Young Shall Grow Motors, Vincent Amaechi Obianodo, was not successful.

The second to fourth defendants in this charge are Joseph Ikenna Emeka, Chiemeka Arinze and Udeme Frank Upong.

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 the process.

The failure to arraign Evans on this second charge followed the amendment of a date on the document by the prosecution team led by Attorney-General and Commissioner for Justice Kazeem Adeniji.

“The only issue is whether when a person amends a charge there should be proof of evidence attached to it. The amendment seeks to change a date from 2015 to 2011 on count one. That is all. Everything else is the same,” Adeniji said.

But the court upheld Ogungbeje’s contention that this had made the charge irregular.

Nevertheless, it ruled that the irregularity was curable.

“I find that the amended charge is irregularly filed. However, this does not warrant that the charge should be struck out. All the prosecution needs to do is to file the proof of evidence and serve same on the defence before the next date of appearance,” Justice Taiwo held.

According to the proposed second charge, the state will call 12 witnesses – six civilians and six senior police officers – to testify about 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.

Justice Taiwo adjourned till December 15 for Evans’ trial on the first charge and his arraignment alongside three others on the second charge.

November 10, 2017
Illegal detention: Court awards N2m damages to Evans’ in-law

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.

October 23, 2017
Breaking: I’m not guilty – Evans

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

October 19, 2017